Marcus L. Filley was the scion of an old Rensselaer County family. His grandfather, for whom he was named, owned a stove making foundry in Troy during the mid 19th century. (An interesting article about his grandfather is available at http://www.lib.rpi.edu/Archives/access/inventories/manuscripts/MC12.html). “Mark”, as he was known, was born in 1912 and graduated from Williams College in 1933. After playing one undistinguished season of major league baseball for Washington in 1934, Mark followed in his father’s (and grandfather’s) footsteps and went to law school. He set up practice in Troy, and was elected the first Children’s Court Judge in Rensselaer County, and became the first Family Court Judge in the early 1960s when that court was created. Mark was tall, slender, and a distinguished-looking man who wore tortoiseshell glasses. He was a gentleman.
As Family Court Judge, he was fair, albeit somewhat indecisive. In fairness, most Family Court cases involving support and/or custody, are without a clear-cut resolution. In many cases, no one is happy with the Court’s decision. The father is unhappy because he feels that he is paying too much support and not getting enough visitation; the mother is unhappy because she is going to receive too little support, and the only reason that the father is seeking more visitation is to annoy her since he really had no interest in the children when they were living together. The attorneys are unhappy because they didn’t get the result their clients wanted, and the judge is unhappy because he knows that he didn’t please anyone and will likely have the parties before them again, arguing about the same problems, or alleging that the other spouse violated the Court’s last order. Judge Filley usually tried to mediate, rather than arbitrate. It was common in support and custody cases for him to say, at some point in the proceedings, “Gee whiz, folks, can’t you folks agree on...”. Many of the attorneys who frequently practiced in Family Court referred to him as “Gee Whiz” when speaking with each other.
Aaron was, by all accounts, a brilliant young mathematics professor at Rensselaer Polytechnic Institute (“RPI). Although only in his late 20s or early 30s, he had a Ph.D. in mathematics from a top university and had studied and taught in Europe before taking his position at RPI. While in Europe, Aaron met and married Eva, a comely young lady from Budapest. Aaron and Eva moved to Troy, where Eva gave birth to a son.
Eva did not adapt well to living in Troy. She spoke little English was uncomfortable in its culture. She did not feel comfortable socializing with other faculty wives and preferred staying at home with her child while Aaron thrived in this environment. Eventually, Aaron left and they divorced. In the absence of a support and custody agreement, the court granting the divorce referred the matters of alimony, child support, and visitation to the Family Court.
By the time their case came up in Family Court, Eva had, of necessity, taken a part-time job as a waitress in a neighborhood restaurant in Watervliet. Somehow Judge Filley made an order of support requiring Aaron to pay $37.50 per week for child support, but nothing for alimony since Eva was employed, although in fact her earnings, after paying for babysitting, was a poverty wage. Aaron was also ordered to continue paying rent and utilities on the small apartment in which Eva and their son was living.
Adding to Eva’s financial woes was her distrust of American physicians, probably due in part to her limited ability to communicate with them. Whenever she or her son was ill, she would call her family physician in Budapest for advice. If either of them had to see a physician in Troy, Eva would call her Budapest physician to discuss the treatment or medicines that had been prescribed. She also called her mother frequently to discuss her plight. Her telephone bills were extraordinary, and she was distraught.
On someone’s advice, Eva started writing letters of complaint. First, she wrote to Judge Filley, who wrote back to her than he could not discuss her case with her. Then she started writing to appellate judges complaining about Judge Filley. Finally, she was advised to get a new attorney and ask for a new hearing. At that time she hired Jim Smith, a Troy attorney whose practice was primarily in the matrimonial and family law field, and I was engaged to represent Aaron, whose former attorney declined to represent him on the re-hearing.
It was a terrible morning in Family Court. Eva wept and complained about her poverty, her son’s illnesses, about living in a strange land without friends, and Aaron’s broken promises. Child support of at least $100.00 per week would help alleviate her misery. Aaron blamed Eva for her problems. She should have made more of an effort to learn the language of her new homeland and to make friends. It was an absurd waste of money to call a physician in Budapest when there were fine doctors in Troy whose medical fees were substantially covered by his RPI health insurance program. She could work longer hours at the restaurant and add to her income. Besides, the Court had already decided on $37.50 per week, and there had been no change in circumstances. Judge Filley’s “Gee, whiz, folks...” plea fell on deaf ears. He called a recess and called Jim and me into his chambers.
Mark told us that he thought both of our clients were crazy, and he wanted us to work out a compromise agreement. He adjourned the matter until after lunch to give us time. Jim and I and our clients tried our best to come to a resolution. I suggested $60.00 per week, and Jim suggested $75.00 per week. Aaron refused to come up from $37.50, and Eva didn’t want to consider anything under $100.00.
Judge Filley ascended to the bench promptly at 1:00 pm. He called Jim and me to the bench and inquired whether we had reached a resolution. We told him that there had been no movement in our clients’ positions, although we personally felt that there was some middle ground. Judge Filley told us that he would leave the bench forever rather than decide the case. He announced on the record that he was feeling ill and was going to visit his physician. He never returned to the bench. He took some medical leave, and when that expired he resigned his judgeship and opened a law office on First Street in Troy, where he did not practice matrimonial or family law.
With Judge Filley on medical leave, the judicial administration assigned Family Court judges from other counties to cover Judge Filley’s calendar until his successor was appointed or elected. Montgomery County Family Court Judge Robert Sise was assigned to hear and decide Aaron and Eva’s case. Following a brief hearing, Judge Sise ordered Aaron to increase the weekly payments to $95.00 per week. Eva was elated, although not entirely satisfied. Aaron was shattered! He thought the decision was punitive and wanted to immediately appeal. I advised him that the decision would not be overturned on appeal. He said he would not pay, and I told him that if he didn’t pay, he was subject to being held in contempt of court. In any event, his salary at RPI would be subject to a garnishee order from the Court as soon as he missed a payment, and the support would simply be deducted from his paycheck.
I never saw or heard from Aaron after that. Jim Smith reported to me that Aaron simply packed up his belongings and moved to Europe where he secured a teaching position at a college far beyond the reach of the Family Court. Eva was trying to save money to pay for transportation for her and her son back to Budapest.
