Hon. Phyllis Orlikoff Flug, '56
New York State Supreme Court Justice,
Teacher, Poet
Profile: Hon. Phyllis Orlikoff Flug
By Michael GoldsmithThe Hon. Phyllis Orlikoff Flug brings to the Criminal Term of the Supreme Court a uniquely diversified background, and a history of overcoming adversity. The future Supreme Court Justice grew up in New York City, graduated from Jamaica High School, and earned a B.B.A. from C.C.N.Y. in Political Science and Business Administration in 1960.
As would be the case in her later career, Justice Flug was extraordinarily active [as a student]. A short list of her college activities included membership in Chi Sigma Mu, service on the school newspaper and yearbook, student publication editor, serving as Vice President of the Student Council and running many Charity Drives.
Justice Flug decided to attend law school because of the inspiration she received in a Constitutional Law class. ... receiv[ing] her J.D. from Syracuse University College of Law in June, 1963. She was one of only three women admitted, in accordance with their quota. "I had some excellent, understanding professors, but there were some that tried to use their authority to embarrass and harass women students. There were fellow students who were "supportive" [of women law students], and some who "resented" her. Despite the lukewarm climate, the future Justice thrived at Syracuse. She had two articles published in the Law Review, represented the school in the New York State Senior Moot Court Competition, and was on the Moot Court Board. She was also a Law Volunteer for the (N.Y.S. Department of Law) Attorney General's Office in the Civil Rights Bureau. Justice Flug was admitted to practice law in the Second Department in 1964.
As a recent law school graduate in the early 1960's, Justice Flug had a great deal of trouble finding employment in litigation despite her excellent credentials and golden resume. She was asked at interviews whether she was willing to type and answer the telephone. Eventually a mentor gave her a good recommendation and she landed her first job with a medium sized mid-town Manhattan law firm. After working as the managing attorney for four years, upon the birth of her first child, her employers presented the future Supreme Court Justice with a bouquet of flowers and a pink slip, saying that "they should make the choice as to her allegiances" (i.e. job or family).
From 1967 to 1974, Justice Flug practiced law as a solo practitioner. In 1969, she began her academic career as an Assistant Professor of Business Law at Nassau Community College, and eventually received tenure four years later. In 1974, the future Judge went to work for the Queens County District Attorney's Office. However, when she became pregnant with her fourth child, she was forced to leave the D.A.'s office because of the prevalent feeling that "pregnant women should not try cases."
In 1975, Justice Flug became a law Secretary, to then Civil Court Judge Calabretta, "one of the best judges ever to sit in Queens County." "He had a marvelous temperament, judicial and compassionate. He was as wise as anyone you would want to wear the robe," Justice Flug fondly recalled. She eventually followed Justice Calabretta upon his ascension to the Supreme Court in 1976, and served there until 1980.
Seeking more challenges, Justice Flug went back into private practice in 1981. Concurrently, she was also a Per Diem Administrative Law Judge for the N.Y.C. Parking Violations Bureau, the Taxi and Limousine Commission, and at the Environmental Control Board.
In 1984, because of the challenge, and the natural progression of her career to the next level, Judge Flug ran, and was elected to the Civil Court. She served in the Civil Court in Queens, and also in the Criminal Court in the Bronx, until 1989. Justice Flug was elected to the Supreme Court in 1990, and while being qualified to serve in both Criminal and Civil Terms, she currently presides in the Criminal Term of the Supreme Court in Queens County. Justice Flug's accomplishments are all the more impressive considering that it was only in the 1970's that the first female Supreme Court Justice served in Queens County, and to date only a handful of women have achieved that distinction. (For those who want proof, they can check the plaques listing all the Justices above the elevators on the first floor of the Courthouse on Sutphin Blvd.)
Justice Flug achieved her "15 minutes of Andy Warholian fame" when she sentenced history's most over zealous Mets fan, Michael Sergio, for parachuting into Shea Stadium in the first inning of Game Six of the 1986 World Series (the Bill Buckner/Mookie Wilson ground ball game). While imposing a $500 fine and 100 hours of community service, Justice Flug upstaged the flamboyant trespasser with the following poem, (written with the assistance of Law Secretary Peter Kelly), which was printed in the New York Times, and the New York Law Journal, and, in advance of the big poetry contest, now in the Queens County Bar Bulletin:
'Twas Game Six of the Series when out of the sky,
Flew Sergio's parachute, a Met Banner held high
His goal was to spur our home team to success,
Burst Beantown's balloon claiming Sox were the best.
The fans and the players cheered all they did see,
But not everyone present reacted with glee.
"Reckless endangerment!" the D.A. spoke stern.
"I recommend jail - there, a lesson he'd learn."
Though the act proved harmless, on the field he didn't belong,
His trespass was sheer folly and undeniably wrong.
But jail's not the answer in a case of this sort.
To balance the equities is the job of this court.
So a week before Christmas, here in the court,
I sentence defendant for interrupting a sport.
Community service, and a fine you will pay.
Happy holiday to all, and to all a good day.
Justice Flug is very concerned about the state of the judiciary. She is a strong advocate of the direct popular election of judges as opposed to the system of appointing judges to the Court of Appeals and to the Federal Benches. "The appointment system relies more on connections, without the input of the local people" most affected by the appointment, Justice Flug said. "The appointment system simply removes the selection process from the political field and sends it to committees selected by the Mayor, Governor, or the Federal Government. Justice Flug observed that "generally, there is not the same broad basis (in judicial candidates) and appointments are usually not as diverse as those that are made within the political system...
Justice Flug was and is active in an impressive array of activities. Currently, she serves on the Board of Directors of the Judges and Lawyers Breast Cancer Alert, and is active in the Girl Scouts of America. She was elected Treasurer of the National Association of Women Judges, and serves on the OCA Speakers Bureau. In 1988, Justice Flug was honored by the presentation of an "Outstanding Achievement Award." by Baruch College.
Justice Flug also has a distinguished academic career. In 1972, the New York Times published her series, "Conspiracy: Historical Perspective." As previously mentioned, from 1969 to 1974, she was an assistant professor of business law at Nassau Community College. In 1992, she was a Continuing Legal Education Adjunct Lecturer, and from 1993 to the present, she serves as an Adjunct Assistant Professor at Queensborough Community College, teaching business law.
Copyright 2007 by Scheich, Goldsmith & Dreishpoon, P.C. All Rights Reserved.
Quoted on 1/10/07 from "Profile: Hon. Phyllis Orlikoff Flug." By Michael Goldsmith.
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