Comment #: NY14230
Rating:6.0
Comments:
Judge Linda Capitti and Judge Aija Tingling recently joined the NYC matrimonial bench, taking on the majority of cases previously overseen by Judge Kathleen Waterman-Marshall. Judge Waterman-Marshall was reassigned following widespread concerns, including dozens of formal complaints to the Commission on Judicial Conduct and televised NBC investigations into allegations of misconduct.
Unfortunately, many of the cases now before Judges Capitti and Tingling should have been vacated outright due to the apparent bias and questionable rulings issued under Judge Waterman-Marshall. Litigants, many of whom were parents unfairly stripped of their rights, have suffered serious consequences due to these prior injustices.
Judge Capitti, in her nearly four months on the bench, has earned a reputation for being tough but fair. She stands in stark contrast to her predecessor, who was widely criticized for ignoring the constitutional rights of those before her. Judge Capitti appears to approach her role with more thoughtfulness and balance, which is encouraging.
However, the primary concern raised about Judge Capitti is her pace in correcting the deeply flawed decisions she has inherited. While some of the harm done under Judge Waterman-Marshall may be irreversible, the continuation of unjust rulings simply due to judicial inertia compounds the problem. Rigidity in the face of obvious injustice does not serve the interests of fairness or due process.
Judge Capitti has a critical opportunity to not only distinguish herself from the incompetence of the past but also to help set the matrimonial division on a fairer, more just path alongside Judge Tingling. The moment demands courage and urgency. The families affected by these decisions deserve nothing less.