DELIVERING ECONOMIC JUSTICE
THROUGH THE SURROGATE’S COURT
COURIER L 10 IFE, JUNE 11-17, 2021
OP-ED
BY JUDGE DWEYNIE ESTHER PAUL
In the 21st century, the American Dream remains
elusive for people of color, immigrants,
and low-income families, because of the systemic
racism that has been prevalent in the
history of our society - particularly within the
justice system. Equal protection under the law
begins with representation on the bench that refl
ects the communities we serve, ensuring that
our decisions are fair in every case over which
we preside.
Fighting for justice is at the core of my essence,
instilled by my late mother, who never
allowed the adversities that she encountered to
dictate her potential in life. My mother, an orphan
in Haiti at the age of 8 and formally educated
at 13, migrated to Brooklyn very poor but
rich in hope, faith, determination, and a spirit
to work hard. Although she was a deeply spiritual
woman, I do not know if she knew that her
daughter would have an opportunity to go to
school in America, and graduate from George
Washington University Law School. These accomplishments,
along with my election as Civil
Court Judge in the State of New York, was beyond
what she could have ever imagined.
My journey to the bench started when I was
nine years old, coping with the tragic death of
my 12-year-old brother while on a youth trip
that resulted in a wrongful death lawsuit in Supreme
Court. My parents tried to navigate Family
Court simultaneously to determine the best
way to raise me. I watched my parents struggle
to fi nd justice for my brother, and I quickly
learned what it meant to have a voice in the
courtroom, a lawyer to fi ght for my rights. I saw
how important it was for the judge to understand
my life experiences to make the right decision
for me, my family, and the community.
I am passionate about the Surrogate’s Court
because I intimately know what it means for one
generation to start from humble beginnings and
work hard to give the next generation a head
start in life. I share the same story as many
others; with strong values and love for community,
my parents realized the American Dream.
They wanted to ensure I had my fair share in
life measured by my character and will to work.
Parents envision that their children would realize
the fruits of their labor. It is the same dream
of sharecroppers, immigrants, and generations
of families who built this country.
Families must feel empowered to preserve
wealth passed down from one generation to the
next. The Surrogate’s Court is a refuge for orphans
and widows, a place for persons with mental
disabilities and minors to receive guardians
and families united through adoptions. The
Surrogate’s Court was an integral part of protecting
the legacy that I would inherit.
Economic justice can be within reach for
Brooklyn residents, who were among the hardest
hit during the COVID-19 pandemic and need
a pathway towards a secure future through the
Surrogate’s Court. Last year was unimaginable
and compounded by unprecedented losses,
but we are making a comeback. However, many
families whose loved ones passed without a
will or estate planning remain at risk of being
preyed on because their identity and assets are
public information in the Surrogate’s Court.
Historically, communities of color and vulnerable
populations have sought support through
the court only to experience economic loss amid
their own emotional grief. We cannot continue
to follow the same practices that have perpetuated
and further exacerbated the racial wealth
gap.
I am more than capable and ready to serve as
Brooklyn’s next Surrogate Court Judge because
I have the experience. During my four-year tenure
as Acting Supreme Court Justice in Family
Court, I met families when they were in their
most vulnerable state. I protected intimate partners,
elders, and children against abuse and domestic
violence; while strengthening families
through guardianships and adoptions. I also
appointed and monitored attorneys to ensure
that they were working in the best interest of
the families that I assigned to them.
In this era of reform, Brooklyn deserves a
Surrogate’s Court Judge with the integrity to
fi ght corruption, compassion to understand
the issues, and fairness to ensure equal justice.
We need more women and people of color on
the bench who understand the day-to-day challenges
families face to earn a livable wage and
escape poverty.
Early voting begins on June 12, and Primary
Day is on June 22; I hope I can count on your
support to become the People’s Surrogate and
put families fi rst – always.