By Michael Phillips
Introduction: A Simple Request, Repeated Five Times
All Marc Fishman wanted was a piece of paper.
Not money. Not special treatment. Just a signed transfer or recusal order—a document routinely issued when a case is moved from one family court judge to another. That document would allow him to exercise his right to appeal the transfer of his case from Judge Burke to Judge Michelle Schauer in Westchester Family Court.
Instead, Fishman—a disabled, pro se father—has been met with stonewalling, contradictory explanations, and what he now calls a cover-up.
After five formal requests spanning several weeks, not a single judge, clerk, or administrator has produced a signed order. Worse, Fishman alleges the reassignment itself is illegal, retaliatory, and violates multiple state and federal protections, including the Americans with Disabilities Act (ADA).
This is more than bureaucratic dysfunction. This is what happens when judges police themselves in a system without transparency or accountability.
The Setup: Secret Transfers Without Paper Trails
Fishman’s case—Family Court File FU-131794—was previously assigned to Judge Burke by court order in March 2025. But sometime in April, without a recusal by Burke or a signed administrative transfer, the case mysteriously ended up before Judge Michelle Schauer.
In every other instance over his six-year legal saga, Fishman received a transfer order, administrative reassignment, or written recusal when a judge change occurred. This time? Nothing. Just silence from the clerk’s office.
According to a June 27th email from court clerk Kathleen Erickson, a signed order wasn’t required:
“A Transfer Order is not required for a referral from one Part to another within the same court.”
Fishman doesn’t buy it:
“There is no section of the Family Court Act that allows for verbal or undocumented referrals between judges without the ability to appeal. That’s not procedure—it’s judicial abuse.”
Judge Shopping or Judge Shielding?
The irregularities raise serious questions.
- Why was Judge Schauer reassigned to the case if she had already recused in 2018?
- Why has the court not produced any documentation of the transfer?
- And why are so many officials ignoring Fishman’s appeals for transparency?
Fishman suspects what many litigants fear: judge shopping—when one side in a case manipulates judicial assignments to find a more favorable or biased judge.
In this case, Fishman claims his ex-wife’s publicly funded attorneys at Hudson Valley Justice Center orchestrated the reassignment. Their goal? To ensure the case landed with Schauer—a judge who had previously denied Fishman ADA accommodations, who has been named in federal lawsuits as a party or witness, and whose staff already testified in related proceedings.
“How can a judge who is a witness in my federal case, who is named in my complaint, now be allowed to preside over the very case from which the complaint arises?” Fishman asked.
A Record of ADA Violations
Fishman’s concerns about Judge Schauer are not speculative.
In 2021, the U.S. Court of Appeals for the Second Circuit overturned Schauer’s decision to deny Fishman ADA accommodations in family court. Despite this ruling, he says the same judge has continued to retaliate, suppress his rights, and even illegally restrict his access to his children’s school records, in violation of FERPA.
Fishman suffers from cognitive and hearing impairments. Under Part 52 of New York’s court system, accommodations must be provided confidentially—never discussed in open court.
“Judge Schauer mocked my ADA request in open court, in front of my adversary. That alone violates the rules. But she also denied me basic supports like a notetaker and large print transcripts. That makes hearings impossible for me to follow.”
He adds:
“Nondisabled parents who don’t sue the court aren’t treated like this. This is retaliation, plain and simple.”
Seven Judges Said No to This Case. Why Was Schauer Reinserted?
The record is even more troubling when one considers that seven other judges—Judges Hahn, Rice, Horowitz, Baker, Greenwald, Oliver-Gordon, and Katz—all previously recused themselves due to Schauer’s involvement and ADA controversies.
Judge Greenwald even issued a written order in 2018 noting that all other judges had recused, necessitating that he take the case.
“That directly contradicts Schauer’s recent reassignment,” Fishman wrote in one of his emails. “She is trying to rewrite history.”
What the Law Requires—and Why It Matters
New York law is clear: litigants have the right to appeal judge transfers—but only if there is a record of such a transfer.
Fishman’s requests are not rhetorical. He is actively litigating before the Second Department Appellate Division, which has specifically asked him for a copy of the transfer order.
Without that, he cannot appeal. Without an appeal, the judge he sued gets to rule on his case.
Systemic Failure or Intentional Obstruction?
Fishman’s email threads include recipients from nearly every corner of the judicial oversight structure:
- Chief Judge Wilson
- Supervising Family Court Judge Egitto
- The Inspector General
- The State Commission on Judicial Conduct
- The NYS Human Rights Commission
- Reporters from News12 and NY Focus
Yet, no one has intervened. No one has enforced the transparency rules. And no one has answered the most basic question:
Where is the order?
Conclusion: A Warning for Every Pro Se Litigant
Marc Fishman’s case may sound extreme—but it’s not unique.
Across the country, parents, especially disabled and pro se litigants, are being stonewalled, manipulated, and stripped of due process in family courts that operate without oversight.
If judges can silently reassign themselves, ignore federal rulings, and retaliate against those who sue them, then due process no longer exists in those courtrooms.
“I don’t need sympathy,” Fishman says. “I need the law to be followed. I need a signed order so I can file my appeal. Until then, this isn’t a court—it’s a club.”
Editor’s Note:
This article is part of the REBUILT Justice Project‘s ongoing coverage of family court abuse, disability rights violations, and judicial misconduct. If you have experienced similar treatment in New York Family Court or elsewhere, you may contact our investigative desk confidentially.
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