“The love that kisses with a homicide 
In robes of red generation resurrects.”
 - George Barker

Matrimonial Bar says Farewell to Beloved Justice John B. Collins

            Attorney whispers fluttered through Supreme Court in Central Islip in November of 2011. The Honorable John B. Collins was elected Justice and assigned to the matrimonial part. Elected on November 8^th of 2011, the matrimonial bar braced for the arrival of another new Justice. Yet one more Judge assigned to our part with no matrimonial experience?  What was he about, and who knew him as a prosecutor?  What was his temperament? What of his legal ability? He knew only criminal law as a prosecutor of over thirty years. Were we were doomed. Rumors flew, as they always do.  But I ask you, what does it take to be a brilliant and outstanding Judge? And did our Justice John B. Collins, who moves on to better and brighter things, for which he was ultimately destined, and we all knew it, fill his obligations?  Let us remember what makes a mighty Judge:

The following criteria is the universally accepted standard as to what it takes to be a Judge:

1.     Legal Ability;

2.     Trial Experience;

3.     Outstanding character and integrity both personally and professionally;

4.     Financial Responsibility;

5.     Judicial Temperament;

6.     Fair and Impartial behavior;

7.     Service to the Community;

8.     Administrative Ability;

9.     Devotion to the Improvement of the Quality of Justice;

10.  Demonstrated Sound Judgment in Professional Life; (source http://www.pennlive.com/editorials/index.ssf/2009/05/how_do_you_pick_a_judge_here_a.html)

Before I answer the questions as yes or know to the above, how on earth would I be able to answer?  What are my qualifications? I believe I have them, if anybody at all.  I knew the prosecutor John B. Collins from my days as an Assistant District Attorney. I was never in the league of Prosecutor John B. Collins.  Nor were any of the 12 ADA’s I started with in 1997.  However, on occasion, either by myself, or with others, we would sneak to Riverhead to watch the Honorable John B. Collins prosecute murderers.  Why would a newly minted ADA from District Court in Central Islip drive all the way to Riverhead to witness murder trial? Simply this: his skills were legendary and we needed experience. We “newbie” ADA’s were intimidated and in utter awe of the proficiency of his skills. We were in District Court and tasked with litigating misdemeanors to gain trial experience.  Competitive and desperate to learn our trade, we went to him, hidden in the audience, among the victim’s family members, without his ever knowing, and listened to his every word.

 So intense, with steely blue eyes, his clear litigation artistry at work, a prowess and craft that humbled me, I watched and learned.  ADA Collins had a talent that within his very DNA, born to a person, not to be learned in a school or any job.  Either you have it, or you don’t. Too scared to ever introduce myself as an ADA, as indeed, I was beneath him, and I still am, I was intimidated as a newbie prosecutor watching “the” John B. Collins. As ADA’s we prayed his magic fairy dust would somehow fall upon our bodies and give us talent, from across the Courtroom.  I kid you not. Honorable John B. Collins was a LEGEND as a prosecutor at the Suffolk County District Attorney’s Office-—his career spanning over 30 years. Ultimately, he became a Bureau Chief of Homicide.

But what kind of Judge would ADA John B. Collins become in January 2012? Well now that we are looking back two years later, as January 2014 approaches, I can clearly say there will be a huge void in Supreme Court, where he once he sat upon the bench. But when the Judge started, how did it all begin?

A well known matrimonial practitioner, I will not mention his or her name, contacted me URGENTLY, warning about our upcoming conference with our new Judge COLLINS, only two weeks into his Judgeship. My adversary and I were good friends, and he was truly in a panic: “Pat, I am warning you, we MUST be on the same page during our conference with Judge Collins.  I just got torn apart because I was unprepared—I did not follow through on a task from a previous conference.  We cannot make any mistakes PAT!!”

That was startling coming from my normally calm adversary. However, that first day, my first conference with Justice Collins, as I sat in the Courtroom, a fellow attorney could babble on with nonsense unbecoming of an officer of the Court, about the natural beauty of the Principal Law Clerk, Betsy Heckman. Disgusted and insulted by this good and old friend, I politely moved on to chat with another seasoned matrimonial attorney. That person asked me what I had heard about our new Judge.  I could only speak to the Judge’s legendary skills as a prosecutor, and I bored my matrimonial friend as I spoke of criminal trials. I then sat with my client until our case was called, whereupon a completely serious conference was held.  No more nonsense. No more small talk.  No more talking out of turn.  No more silly jokes.  No more interruptions.  Move this case.  Yes, this was serious.  Steely blue eyes were intimidating.  Yes, I thought, these things did not scare me.  But, no, I was wrong.  I was indeed.

Future conferences were even more intense. Our new Judge demanded that as attorneys we were to be knowledgeable about the law, to be clear and cogent, not to fill the room with useless non-sense, all while we were to undergo in-depth legal analysis under very close scrutiny. Good Lord, what was happening? None of our old excuses were working! Goodness, this was quite new! Rambling attorneys would be reined in (guilty), and everyone held to a bit of a higher standard than before. And this is as it should be.  Yes, the Judge demanded more of us, but he gave us all of him. 

Fair, open-minded, a good listener, (but not suffering fools), the Judge went to the very heart of all the issues, weeding through cases that were from 2010 or before. On one particularly difficult case, all attorneys were holding their heads in their hands searching for answers.  That was when he was at his best. “Hear me out on this one.  Stay with me.  What if….”…. and then the brainstorming began…. and it became we the attorneys with the Judge together working out ways to help our clients…” and it was magical. 

Expert as he reined in the unruly calendar and bringing organization to the Courtroom, in such a short time, it is unfair to take him away now.  How about the new policy was for all Preliminary Conferences to be held at the bench by the Principal Law Clerk? What a simplified and brilliant method. At first I questioned it, but I clearly see the genius behind it the idea, and I wish it were the rule across the board.  Why go back and conference for a Preliminary Conference?

His devoted staff—let’s take a moment to mention the people who stood beside him.  The support staff worked tirelessly to assist him as he treated them as gold-and as it should be.   The staff members did not have steely blue eyes, however they were intense.  Every single time I would pass by them into his chambers, my huge bulky trial bag would clunk into their desk and a dirty look would glance my way—as they were deeply concentrating on a task. Finally, someone spoke up—and never again would I make that mistake.  But rarely do you find such devoted staff members behind you—as those of Justice Collins.  Yes, it eventually became a joke as I held my trial bag above my head to accommodate the staff so they could concentrate I passed into to sanctuary, (or the dungeon) of chambers, depending upon whether or not you had kept up your end of the bargain—and I did not need to be told twice. But I was in the Corporate word, I had a Business degree, I was in mid-management and I simply witnessed the Judge as a successful, as we say in the Corporate world, an individual contributor as well as a manager of a department with direct reports that successfully created a team that presented result oriented data, i.e.: a calendar that moved and was clean.  The staff was firm, but dignified.  The staff was a well-oiled machine.  They were a team that simply worked and produced results.

Of course there were the complicated cases with contested custody matters, forensics, attorney’s for the children, equitable distribution matters requiring delicate analysis, maintenance, and then there those cases that simply had to go to trial. However, he would always tell you his opinion of your position, and that being said, good luck.

As to the qualities stated above, as to what makes a good judge, clearly his grasp of the law is beyond my abilities.  The Judge has over 30 years of trial experience, and with a talent that in within his genetic make-up.  His reputation is legendary and I speak from personal experience. 

As to his judicial temperament, one must look at the very definition itself.  What is judicial temperament?  It is: patience, open-mindedness, courtesy, tact, firmness, understanding, compassion and humility.  I have witnessed all of these performed with excellence. It is also dealing with people calmly and courteously, regardless of how many times they (I) may interrupt you with useless non-sense, and out of turn, (sorry Judge) consider the views of all sides of a case, and be even tempered, yet firm; open-minded, yet willing and able to reach a decision; confident yet not self-centered.  Why this is the very definition of the Honorable JOHN B. COLLINS.  I may sound like his mother, or his sister, but I am just a practitioner and a believer. I am not a political person.  Now he is to be taken away? Simply unfair. 

Those those steely blue eyes, and grave intensity, gave way to a heart and a soul that could not be hidden. This Judge could be trusted and he earned the trust of many a matrimonial attorney, during his short tenure with us—and that says a lot.  This is a Judge who deeply cared, who held himself and everyone else to a higher standard, demanding the best of everyone, lifting us all up along the way.  I will never appear before Justice Collins again—I never go to Riverhead.  Now that he is leaving, who shall scare the death out of me for interrupting with just a stare?  I will miss that stare.  Good Bye Judge.  We shall miss you.

The Matrimonial Attorneys you left behind…..

By: Patricia Issberner, Esq.