M

• Author: Elizabeth Smith/Mark Thompson
• Pages: 37-119

MacKENZIE, CAROL

Justice, Tenth Judicial District Supreme

Court, Suffolk County

Appointment/Election: Elected to

Supreme Court in 2006; current term expires

in 2019.

Previous Experience: Judge, Family

Court, Suffolk County, 2005; Judge, District

Court, Suffolk County, 1999-2004; Judge,

District Court, Suffolk County, 1998-1999;

Partner, Pearl & MacKenzie, 1990-1997;

Associate, Shereff, Friedman, Hoffman &

Goodman, 1990; Associate, Debevoise &

Plimpton, 1988-1990.

Honors and Memberships: Member:

Member and Past President, Soroptimist

International of Huntington, 1992-present;

Huntington Lawyers Club, (President, 2004-

2005), 1999-present; Suffolk County

Women’s Bar Association (Board of Directors,

1999-2005), 1998-present; Suffolk County

Criminal Bar Association, 2000-present;

Suffolk County Bar Association, 1988-pre-

sent; Alumni Admission Board, Brooklyn Law

School, 1997-present. Former Member:

Executive Board, Huntington Breast Cancer

Action Coalition, 1997-2005; Vice President,

Treasurer, NYS Association of District Court

Judges, 1999-2003; President, Vice President,

Suffolk County District Court Judges

Association, 2000-2003; Board of Directors,

Huntington Chamber of Commerce, 1995-

2005; Reach to Recovery Volunteer, American

Cancer Society, 1994-2006; Huntington

League of Women Voters, 2000-2007.

Admission: NYS, Appellate Division,

Second Department, 1989; New Jersey,

1989; Washington D.C., 1990.

Teaching/Lectures/Publications:

Adjunct Professor, Touro Law Center, 1994-

present. Publications: “Jailhouse Rocked:

The Second Circuit Confronts a Racially

Hostile Work Environment in a Correction

Facility,” 53 Brooklyn L.Rev. 357, 1987.

Education: J.D., Brooklyn Law School

(1988); B.S., New York Institute of

Technology (1985).

Address: 400 Carleton Avenue

Central Islip, NY 11722

Phone: (631) 853-7750

ATTORNEYS’ COMMENTS

TEMPERAMENT/DEMEANOR

Justice MacKenzie is “not the most pleas-

ant” judge on the bench in Suffolk County,

one interviewee said. “She can even be con-

sidered a little bit more biting in her criticism

of the attorneys and how they process the

cases,” But that’s not a problem, the attorney

added, because she is “one of the most quali-

fied and intelligent” judges on the bench.

Several other interviewees described her as a

“no-nonsense” type judge, but not in a rude

way. “She’s fine,” said one of the interviewees

who called her no-nonsense. “She is not a

yeller or a screamer.” One interviewee insist-

ed that she is plenty friendly on the bench.

She is “pleasant to deal with, and respectful

of the attorneys, as well as the litigants. You

can kid around with her,” the attorney said.

ON THE BENCH

Justice MacKenzie is “a very, very good

judge, a very bright judge,” one interviewee

said. Another said, “She is an intelligent

judge who has had a lot of judicial experi-

ence. She was a district court judge. Now she

is a supreme court judge. She is smart.”

Another interviewee also rated her highly on

legal acumen. “She is knowledgeable, but she

is also willing to sit down and do research, if

she has questions. And she does it fast.” One

interviewee suggested that she can be a bit

gruff in the way she issues rulings. “She is

quick on the response. I guess that is one

way of putting it,” the interviewee said. “At

times, it just seems a little bit too quick and

maybe not thought out enough. But in the

long run, she does the right thing.”

ONTRIAL

One of the interviewees who described

Justice MacKenzie as a no-nonsense judge

stressed that the comment certainly is not a

criticism of the way she conducts proceedings.

“When she gives you a trial date, she expects

you to be ready,” said the attorney, who added,

“I think that’s a good judge. She is one of my

favorite judges.” Her style isn’t what some

divorce lawyers have come to expect from

judges in the matrimonial part, the interviewee

added. “Many people give the matrimonial bar

a bad rap because they’re often not ready to

proceed, and cases take a long time. Well, she

doesn’t let them take so long. She won’t delay

things. She will make a quick decision.” Other

Profiles MacKenzie 523

interviewees seconded that assessment. “She

knows what she’s doing and she doesn’t let a

case languish, if she thinks it should be going

at a quicker pace,” said one. Another described

her as “very cooperative” but cautioned attor-

neys with a case assigned to her court to

“know your case when you go before her.

When you walk into her courtroom, know your

file. Don’t try to go in there and snow her,

because that won’t play well.” Another intervie-

wee who has had several trials in her court,

and has been pleased with her performance,

added, “Absolutely, she is no nonsense. She

keeps discovery schedules tight. She moves the

case, which is a good thing.”

SETTLEMENTS

Justice MacKenzie is “excellent in settle-

ment negotiations. She’s very involved,” one

interviewee said. Other attorneys who have

had experience settling cases in her court

agreed. “Every time you come in, she’s trying

to settle it. As a rule, most of the judges in

Suffolk County are very hands on. She wants

to know from day one what’s going on in the

case, what the obstacles to settling it are,

and if you can’t settle it, then when are you

ready for trial,” said an attorney. Another

said, “Yes, she tries to work out settlements

in every case.”

ADJOURNMENTS/CONTINUANCES

One of the attorneys interviewed about

Justice MacKenzie complained that she is

“difficult on adjournments.” Others insisted

that she is “fair” when considering requests

for extensions of time, but is by no means a

pushover. “She is fair, but she normally

doesn’t let people get an adjournment unless

there’s a good reason for it. It has to be some

kind of continuing discovery or settlement

negotiations. If discovery is completed and

settlement negotiations aren’t going quick

enough, she tries to prod the parties. If that

doesn’t work, she sets them right down for a

hearing or trial. She is not afraid to try a

case, which is probably one of the assets that

causes her cases to get settled, and probably

more quickly than other judges get cases set-

tled.” Two other interviewees seconded that

assessment. “She is very fair on adjourn-

ments, though she wants to move cases,”

said one. Another said. “She’s fair on

adjournments, but if the case is ready for

trial, and they have scheduled it at least 60

days in advance, and the attorneys have

agreed to the dates, then technically, they

should be ready to go, and she expects them

to be ready to go.”

PROCLIVITIES

One of the attorneys interviewed about

Justice MacKenzie said, without complaint,

that she has a tendency to “interject a bit.

She can be opinionated out loud, which is

good, I guess, because at least you know

where you stand. I have nothing really bad to

say about her.” Another attorney who has

had a couple of cases in her court said it is

“probably true” that she inserts her opinions

into the proceedings more than some other

judges might. “But from an attorney’s point

of view, all I want to make sure of is that my

clients’ interests are not prejudiced. So long

as the process is fair and unbiased, I don’t

have a problem with any judge, and in her

court, the process is fair and unbiased.” A

third attorney added, “She is fair. She is defi-

nitely one of the better judges on the matri-

monial bench.” Though, indeed, she may

come across as a bit abrupt, there’s a good

reason for that, the attorney added. “She’s

been through this, so when she hears the

same story over and over again, she cuts to

the chase. Some people want to tell their

story, but she’s heard it before, and if it’s a

bunch of garbage, she pretty much tells them

that it is. But she is very fair. She is probably

one of the top three matrimonial judges,” the

attorney said. Another interviewee added, “I

have always found her to be fair.”

SUGGESTIONS/SUMMARY

Justice MacKenzie is a no-nonsense judge

who insists on keeping cases moving at a

respectable pace, according to all attorneys

who were interviewed about her. Far from

complaining about that, most interviewees

said it is one of her best attributes. In the

matrimonial part, where cases can some-

times languish, she insists on an expeditious

resolution. She makes a considerable effort

to settle cases, but if those efforts fail, she is

not afraid to try a case. When she sets a trial

date and the sides agree to it, she expects the

parties to be ready.

524 MacKenzie New York Judge Reviews

MADDEN, JOAN

Justice, First Judicial District Supreme

Court, Civil Division, New York County

Appointment/Election: Elected to

Supreme Court, 1998-2011.

Admission: NYS, Appellate Division, First

Department, 1974.

Education: J.D., Fordham University

Law School.

Address: 60 Centre Street

New York, NY 10007

Phone: (646) 386-3314

ATTORNEYS’ COMMENTS

TEMPERAMENT/DEMEANOR

Attorneys interviewed about Justice

Madden offered varying assessments of her

temperament, but most had an overall favor-

able view of the judge, whether they had quib-

bles with her demeanor or not. “I like her, but

she can be a little hot tempered at times,” said

one interviewee. Another said, “She can be

short with you, and sometimes she gets aggra-

vated, but she’s not like a maniac. You might

notice that she’s annoyed with you, but she

will bite her tongue, she will listen to you, and

ultimately, she respects the lawyers. She does-

n’t threaten, but I could see where you could

say that she would be short and have a quick,

little temper. Sometimes she does say things

that are sarcastic, but at the end of the day, I

get the feeling that she is honest, and she tries

to get it right.” An attorney who criticized

Justice Madden for steering a trial towards the

outcome that the judge favored had a some-

what more cynical view of her demeanor. “She

is a very forceful personality and she knows

the law, and she is charismatic and charming,

but to be honest with you, I thought that what

she did was not fair,” the attorney said.

Another interviewee said, “She is all business.

She does cut to the chase. But I wouldn’t call

her hot tempered. I like her.” Two other inter-

viewees offered praise without caveats for

Justice Madden’s demeanor. “She’s very nice

to people. I get the feeling that she’s a very gen-

uine and pleasant person. She is the kind of

person you can actually talk to,” said one.

Another interviewee said, “Overall, she’s very

pleasant. I don’t mind going before her or any-

thing like that.”

ONTHEBENCH

Justice Madden “is not a great legal schol-

ar. Those are few and far between. But you

always get the feeling that she’s listening to

you, and that she likes to cut directly to the

issue. I have never had a problem with her,

and I have been on the winning and losing

side,” said one interviewee. Another interviewee

called her a “straight shooter” who has “good

street smarts.” That attorney added, “You can’t

put one over on her, which my adversary is

always trying to do. She doesn’t take that too

lightly.” A third interviewee said, “I have very

high regard for Judge Madden. She is a very

well thought out judge. She knows her law” A

fourth interviewee said, “She’s very knowledge-

able. She is definitely a straight talker, and she

appreciates that in attorneys.” That attorney

went on to say that speed in hearing cases and

issuing rulings is not one of the judge’s strong

suits. “Attorneys should note that her dockets

always, always run very late. If you have a

motion at 2 o’clock, it’s pretty standard that

you will still not have seen her by 5. She

spends a lot of time with each case, which is

very nice, actually, to get the attention that she

gives. However, if you’re there at 6:30 at night

and you still haven’t seen her, then it’s frus-

trating. It might not seem that she even has a

lot of people on her calendar before you. It’s

not like she has a courtroom full of people. She

may have just two cases, but she spends so

much time with each case.”

ONTRIAL

Justice Madden “gives the parties the time

they need,” said one interviewee who has “no

problem with her at all.” Other interviewees

also cited the long hours she devotes to cases

as one of her most notable attributes as a

judge. “She is a hard-working judge. If you

are there until 6 o’clock at night, often she

will not have even stopped for lunch. She

just pushes right through the day.” Though

she doesn’t shy away from long hours, she

doesn’t let cases meander, the attorney

added. “She definitely likes to cut to the

chase, for sure. She isn’t necessarily

wrapped up in the law. Argument definitely

means more to her,” the attorney said.

Profiles Madden 525