This article was originally published on Law.com on February 3, 2025

The role of a state Supreme Court justice is one of the most challenging and multifaceted assignments within our judicial system. After 22 years on the bench, including my time as former chief administrative judge and presiding justice of an Appellate Division department, I have had the opportunity to supervise and preside over nearly every type of case in the New York court system. One of the most difficult assignments is presiding over a guardianship part, where justices confront deeply rooted family issues that extend beyond legalities into the realm of human emotions and relationships. These justices are not merely arbiters of the law; they are caretakers of the fragile fabric of family life, navigating turbulent waters where litigants often blame one another, their attorneys, and ultimately, the justices themselves.

The Weight of the Assignment

Justices assigned to the guardianship part face some of the heaviest burdens in the judicial system. Due to the statutory requirements of Article 81 of the Mental Hygiene Law, guardianship justices have some of the most burdensome caseloads. Family conflicts involve not only legal disputes but also emotional distress, financial strain, and the upheaval of familial bonds. In these emotionally and physically draining cases, justices must contend not only with alleged incapacitated persons suffering from severe ailments such as Alzheimer’s or strokes but also with complex family dynamics, including family members who have never gotten along for decades. In such situations, there are no clear winners or losers—only unhappy individuals grappling with difficult circumstances. The complexity of these issues requires justices to make tough decisions that can significantly affect families for generations.

Despite the weight of these responsibilities, justices receive no additional compensation for their challenging assignments. Their salary remains the same as their colleagues in less contentious areas of law, and there is no reward for the emotional toll or the significant amounts of money that may be involved in these cases. Additionally, justices in the guardianship part have no access to nor do they hold any funds in a guardianship account. Although they are often blamed for misappropriation of others’ funds, justices order annual accounts from all who hold these funds, ensuring transparency and accountability. This lack of recognition is not only unfair but also disheartening for justices who are committed to serving their communities.

Each December, the chief administrative judge meets with all the administrative judges from around the state to determine judicial assignments for the following year. It is during these meetings that the importance of the guardianship part is emphasized, yet the challenges faced by justices in this area often go unacknowledged.

The Cycle of Blame

In difficult times, such as the ones we now find ourselves, cynicism is everywhere, and criticism is often the immediate reaction. Justices in the guardianship part frequently find themselves in the crossfire of blame. When families are at odds, the natural inclination is to point fingers. Litigants may initially blame each other, but as tensions escalate, attorneys and justices become targets of frustration as well. This cycle of blame can lead to harsh criticism of justices, who are often seen as the ultimate authority in these disputes.

The emotional strain of these cases can lead to mean-spiritedness, with individuals seeking to assign blame for their situations. This almost inevitably leads to targeting the justices and the court, creating an environment that is not only challenging for the judiciary but also detrimental to the families involved. However, it is crucial to recognize that justices are not the cause of familial issues; they are the ones tasked with resolving them. The decisions they make are based on the law and the evidence presented in court, not on personal biases or motivations. It is essential for the public to understand that justices are doing their utmost to navigate these complicated emotional landscapes while adhering to the principles of justice.

A Call for Support

Rather than perpetuating criticism of justices in the guardianship part, we should shift our focus toward how we can support these dedicated public servants. It is time to advocate for better resources and assistance for justices dealing with family law matters. This includes providing additional training in conflict resolution, access to mental health professionals, and resources that can aid in understanding the underlying issues families face.

Moreover, we must foster an environment where constructive feedback is encouraged, and the judicial process is respected. By promoting transparency and understanding of the judicial system, we can help alleviate some of the blame that justices face and create a more supportive atmosphere for all involved.

Conclusion

Justices assigned to the guardianship part play a critical role in our society, facing some of the most challenging and emotionally charged cases. Their commitment to serving families in crisis deserves recognition and respect. As we reflect on the complexities of family law, let us work together to support our justices, understanding the weight of their responsibilities and the importance of their decisions. By doing so, we can help foster a more compassionate and effective judicial system that ultimately benefits everyone involved.

By Hon. Gail Prudenti

Gail Prudenti is the former Chief Administrative Judge of the Courts of the State of New York, former Presiding Justice of the Appellate Department, 2nd Division, former Dean of The Maurice A. Deane School of Law at Hofstra University and present Partner at Burner Prudenti Law, P.C.