Though there are many primary races heating up the World’s Borough this June, there’s one plenty of people likely don’t know much about: The Queens Surrogate’s Court race.
The Surrogate’s Court has jurisdiction over matters relating to the affairs of decedents, including the probate of wills and the administration of estates.
When someone dies, their will needs to be probated in Surrogate’s Court if the person owned property in the state, to ensure its validity and that assets are distributed according to the decedent’s wishes as outlined.
If the deceased had no will, the court oversees the administration of the estate according to New York’s laws, which can often be a lengthy process.
Surrogate’s Court also takes on the responsibility of appointing guardians for minors and individuals deemed legally incapacitated within the borough.
Additionally, the court facilitates the process of adoption, working to ensure that adoptions adhere to legal protocols and safeguarding the rights and welfare of all parties involved, including birth parents, adoptive parents and the children.
At the helm of it all stands an elected surrogate judge, who is charged with the duty of interpreting and applying the law.
A surrogate judge serves a 14-year term and must retire at the age of 70.
The current surrogate is Judge Peter Kelly. Elected as a justice for the New York Supreme Court’s 11th Judicial District last November, he is serving as surrogate judge during the final year of his 14-year term.
The surrogate also decides which lawyers get to administer the estate of a person who has died without having made a will. The attorneys are paid handsomely from fees garnered from cases.
Gerard Sweeney, a power broker who has served as a lawyer for the Queens Surrogate’s Court, has earned millions from processing those estates at the behest of Kelly, according to multiple media outlets. Sweeney is considered a heavyweight in the Democratic Party, maintaining close relationships with Queens Democratic leaders as he heads one of the most powerful law firms doing business in the borough.
Two candidates are seeking to assume the surrogate position. New York City Civil Court Judge Wendy Li and New York Supreme Court 11th Judicial District Justice Cassandra Johnson will face off in June’s Democratic primary. The winner will face Republican candidate Stephen Weiner, an attorney who lists estate planning, estate litigation, guardianship and trusts as his main areas of practice.
According to data from the state Board of Elections, Li’s campaign has massively outraised Johnson’s, with strong support from the Asian American Pacific Islander community.
Johnson, on the other hand, is backed by the Democratic Organization of Queens, and is endorsed by the chair of the Queens Democratic Party, Rep. Gregory Meeks (D-Jamaica), and Queens Borough President Donovan Richards.
Johnson, a Queens Village resident who grew up in the World’s Borough, boasts a lengthy resumé. She has served at a court attorney, referee and law clerk in Queens Supreme Court, and before that, worked alongside her mother, a successful attorney. She has experience working with trusts, estates, guardianship matters, adoptions, real estate and other civil litigation. She also has experience in mediation and settling disputes, and has worked with multiple bar associations, such as the Queens County Women’s Bar Association and the Macon B. Allen Black Bar Association.
“I feel like it’s my responsibility to mentor young people to become attorneys, to seek professions in the courts, to become a judge if they want as well,” she said.
Li, on the other hand, grew up in China and was a partner at an international law firm before taking her current position on the bench six years ago. She has experience handling civil matters including breach of contract, real estate, personal injuries, property damage and replevin — the return of wrongly seized property. She also served as the board director and secretary of the Asian American Judges Association of New York from 2020 to 2023.
“AAPI judges represent less than 5 percent of the citizenry in the state of New York, while the AAPI community accounts for about 30 percent of the population in this entire state,” Li noted during an interview with the Chronicle.
Both women have platforms based on equity and fairness.
“When I became a judge and took an oath, it rested on the principles of equity and fairness, ensuring that I provide equal access to justice and dignity when people come to court,” Johnson told the Chronicle.
She said that she sees it as her responsibility, both in her current role and as a candidate for surrogate, to ensure that everyone who enters the courthouse is treated respectfully and fairly.
“And that’s regardless of their gender, financial status, age, religion, physical or cognitive impairment, sexual orientation,” Johnson said, adding that the surrogate’s judge responsibilities include managing members of the courthouse and those in different departments. She said she would ensure those parties uphold the same ideals.
Li offered similar sentiments on having no tolerance for discrimination. She said she would like to see more interpreters hired for the court — and the establishment of a night court. Mostly, she would like to see things expedited, as voters have complained to her about the court’s backlog.
“Justice delayed is justice denied,” Li said. “So we need to actually reform this structure. ... Sometimes [litigants] miss a court date because they’re afraid of losing a job.”
While the candidates have plenty of qualifications, they both have focused on outreach to boost their chances, trying to pitch to the general public that they are the right fit versus their challenger. They noted that while working long days, their free time is spent meeting those around Queens.
In differentiating herself from her challenger, Li brought up the political “machine.”
“I think that people are in teams these days,” Li said. “I believe that our judiciary should be free from any political influence. ... I want to make sure that all the assignments of the administrators and lawyers will be based on their qualifications and not be based on the political connection.”
Asked what sets her apart from her competition, Johnson brought up her experience.
“It’s not only important for the judge to be knowledgeable on the law, and constantly educating themselves on the changes in the law, but they have to be able to deal with people during a time when they’re grieving the loss of a loved one in a way that’s compassionate and fair, and ensures access to justice,” Johnson said. “I know this is a heavy responsibility that I don’t take lightly.”
She said she recognizes that her decisions impact not only those directly involved, but their loved ones as well, and that it’s important to be ethical and compassionate in an expeditious manner.
The primary election is on June 25. Early voting begins June 15. To find your poll site for either, visit findmypollsite.vote.ny.
More information on the Surrgoate’s Court judge candidates and their platforms can be found on their official websites, at cassandraforsurrogate.com and voteforwendyli.com.
CORRECTION
This article originally misstated whether there is a Republican candidate in the race. The candidate is attorney Stephen Weiner.
