Hon. Dweynie Esther Paul

Level
Surrogate's Court Judge

More Information
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2020 LID Questionnaire Response

What is your current position/law practice?  If you are presently a judge, what did you do prior to becoming a judge?

I am currently a Kings County Civil Court Judge, elected in the 2nd Municipal District in 2015.  My first judicial assignment was in Queens County Family Court.  Prior to becoming a judge, I was a Law Clerk for the Administrative Judge of the Baltimore City Circuit Court, which involved civil, family and criminal law.  Thereafter, I was in-house counsel for an insurance defense firm and worked as a civil litigator.  I represented clients in Supreme and Civil Court, in case related to contract disputes, premise liability, personal injury, property damage, and residential / commercial real estate disputes.  

Why are you qualified to be a judge?

I am qualified to become a Kings County Surrogate’s Court Judge because I have a record of managing my cases with integrity, compassion and fairness.  I have worked with families during their most vulnerable state. As a Family Court Judge, I worked to make families stronger, hearing cases regarding custody, visitation, domestic violence, guardianships and adoptions.  I have assigned 18b panel counsel, guardian ad litem and various professionals, such as social workers and psychologist to perform services on the cases before my court.  During my time in Family Court, I monitored the fees charged by professionals that I assigned to a case.  I have ensured that appropriate fees were paid, challenged and denied the professional’s fees when necessary and granted additional fees when extra ordinary circumstances warrant the same.  In both Family and Civil Court, I have efficiently managed a fast pace and high-volume caseload.  I will bring the same degree of vigor, oversight and commitment to the Surrogate’s Court.

Please list your current endorsements and judicial screening results

I have been deemed qualified by the Brooklyn Democratic Party Screening Panel.  I have been endorsed by the Brooklyn Democratic Party and the Vanguard Independent Democratic Association.      

What interventions and resources are required to ensure that all judges and court personnel competently and respectfully serve and work with the LGBTQ community? What steps will you take to secure the necessary resources to implement the interventions?  

The Office of Court Administration has implemented some changes and resources to help educate judges and court personnel with issues which may be unique to the LGBTQ community.  In the first instance, education is imperative to bringing greater awareness to the needs of litigates of the LGBTQ community.  Judges attend the Judicial Institute and other Judges Association meetings annually.  A majority of the courses that judges take at the Judicial Institute or the Civil Court and Family Court trainings are optional.  However, there are certain courses that are scheduled throughout the program which are mandatory.  Typically, a portion of the mandatory courses are related to assessing and meeting the needs of the LGBTQ community.  Additionally, NYS Family Court Judges’ Association offered “Master” classes.  These courses were optional and routinely addressed the unique needs of LGBTQ litigants.  I have received extensive training in these areas.

As a Surrogate’s Court Judge, I will create opportunities for the court personnel to attend presentations focused on the specific needs of the LGBTQ community.  Guest speakers and organizations can participate in a lunch and learn training session for court personnel.  Useful pamphlets and guides can be provided to both litigates and court personnel to aide in expanding awareness and to provide information.  

Additionally, Judges are often provided a document called a “bench card”. This is typically a laminated two sided document which is a user-friendly guide to certain important and sensitive issues.  I will ensure that a bench card or some similar document is offered to Court personnel so that it can supplement the training that they are receiving from the Office of Court Administration.  In addition to the training that is provided by the Office of Court Administration or the Judicial Institute, quasi-master classes can be offered to court personnel.  

How will you commit to ensuring that preferred pronouns and gender identity are respected in your courtroom and on documents prepared by litigators and the court?

As a Surrogate Court Judge, I will reinforce the use of preferred pronouns by the court and its personnel by implementing a system where we ask the litigants what, if any, preference they have at the inception of the case.  In Family Court, the Judges notes in the Court electronic database are able to be viewed by clerks and other court personnel.  I have typically made notes in the profile of my cases when special attention needed to be made to preferred pronouns.  This allowed the clerk who was generating the court order to address the litigant in the preferred pronoun and edit the court orders or documents accordingly.  Forms that are templates can be modified to include gender neutral verbiage.  

Will you commit to appearing before the LGBT Bar Association (“LeGal”) judicial screening panel?  Do you understand that this club may rescind your endorsement for failure to appear or receiving a non-qualified rating from the association?

I will commit to appearing before the LGBT Bar Association (“LeGal”) judicial screening panel.  I do understand that this club may rescind my endorsement for failure to appear or receiving a non-qualified rating from the association.

For Surrogate’s Court Candidates

How will you make the Public Administrator’s office more accountable, transparent and less subject to corruption? 

As a Surrogate’s Court Judge, I will adhere to the guidelines for the fee set forth by the Administrative Board for the Offices of the Public Administrator.  The Administrative Board set a sliding scale rate for the payment of fees for counsel to the Public Administrator.  These fees are based on a percentage of the value of the estate.  I will ensure that every request for counsel fees is accompanied by a detailed attorney affidavit which includes the scope of the legal work performed.  I will hold reoccurring meetings with the Public Administrator to review open and pending inventory.  The Surrogate’s Court Procedure Act also sets forth annual and monthly reporting along with an independent audit by a certified accountant to monitor the records and accounting of the Public Administrator.  As the Surrogate responsible for selecting, monitoring and overseeing the estates administered by the Public Administrator, I will ensure that the statutory safety provisions are implemented along with creating additional oversight through routine meetings.  I will also hold an open interview process to hire counsel to the Public Administrator.

How will you ensure that conservators do not exploit their wards? 

As a Surrogate, letters of guardianship are granted to persons under Article 17 and Article 17A.  Article 17 pertains to minors and Article 17A provides guardians to adults with developmental disabilities.  In instances, when there are concerns that the person who is requesting letters of guardianship over the person may take advantage of their ward, I may require that the applicant file an additional petition for letters of guardianship over the property.  This will allow the Court to monitor the use of the funds.  In these instances, the guardian must then return to the court when or if, they intent to use the funds for the benefit of their ward.  While the funds will be stored in a bank account, the bank would need a court order to release the funds.  Where there is greater concern that the ward is still at risk, the Surrogate may allow the Petitioner to receive letters of guardianship over the person but appoint a guardian over the property (monetary assets) from the Part 36 list.  These methods will allow the court to monitor the assets for the life of the ward under Article 17A and until the minor reaches the age of majority under Article 17.

How will you ensure that the court is sensitive and fair to non-traditional families?

As a Judge presiding over cases in Family Court and Civil Court, I have worked to understand the complex and diverse needs of families appearing before me.  For example, I have granted adoptions to same sex couples who are married because, I understand the best interest of the child is that there are sustainable and consistent parent/child relationships established.  While, nonbiological stepparents have a legal relationship to the child, I understand that the marriage and relationship between the adults may breakdown.  In these instances, I found that it was in the best interest of the child to have preserved the legal relationship through adoptions.  I intent to set forth theses same principals as a Surrogate’s Court Judge.