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Suffolk County Surrogate’s Court

Above, Theresa Whelan. Photo courtesy Chambers of the Honorable Thomas F. Whelan

Theresa Whelan, of Wading River, a longtime Suffolk County judge who served for more than 10 years in family court and most recently as the county’s Surrogate’s Court judge, died Monday, Dec. 26, after a courageous battle with cancer. She was 60.

Theresa Whelan always knew she wanted to be in public service. As a young attorney fresh out of Albany Law School, she began her legal career in 1988 as a Suffolk County assistant county attorney. She entered the court system in 1990 as a senior law clerk to Supreme Court Judge Eli Wagner, in Nassau County. She went on to work as a principal law clerk in Suffolk County for Supreme Court Judge Mary M. Werner and, later, Supreme Court Judge William B. Rebolini. During her 17 years in the supreme court, she worked in nearly every part, including civil litigation, guardianship, tax certiorari and condemnation cases, as well as matrimonial matters.

She eventually took the bench herself in 2008 after she was elected to serve as a judge in Suffolk County Family Court. There, she heard primarily child abuse and neglect cases and presided over Family Treatment Court, where she worked to safely reunite families. Whelan became Suffolk County’s Surrogate in 2019, presiding over proceedings involving wills, trusts and estates as well as guardianship matters. She retired in the summer of 2022, marking 32 years within the New York State court system.

Known for her commitment to improving court practices to better serve the needs of the public, Whelan mobilized several initiatives that helped families and children and that expanded access to justice for all court users. She was appointed Supervising Judge of the Suffolk County Family Court in 2016, and one of the many reforms she spearheaded was providing remote access to temporary orders of protection, allowing individuals to petition the court from a hospital, a police precinct or a shelter. She was a catalyst of the FOCUS (Family Overcoming Crisis through Unified Services) initiative, a program that expedites access to services that address the trauma and developmental needs of children and parents in the court system. 

She also served as lead judge of the Suffolk County Child Welfare Court Improvement Project, part of a statewide initiative to address court practices in cases where the court has removed children from their parents’ care. In 2016, Chief Administrative Judge Larry Marks appointed her to the Family Court Advisory and Rules Committee. In 2018, former New York Court of Appeals Chief Judge Janet DiFiore appointed her to the New York State Commission on Parental Representation, which is tasked with holding public hearings and reporting on the status and quality of lawyers representing parents in child welfare cases. Since 2016, Theresa Whelan had been the chair of Suffolk County’s Attorneys for Children Advisory Committee, which is responsible for considering the qualifications of new applicants to the Attorneys for Children panel as well as reviewing the recertification applications for existing lawyers. 

An active member of the Suffolk County Bar Association, Whelan was co-chair of the Family Court Committee from 2013 to 2016 and lectured for the association’s law academy and other legal organizations. As a member of the Attorney for Child Task Force, she and the other members received the Suffolk County Bar Association’s President’s Award in 2016 for their work. She was also a member and past president of the Suffolk County Women’s Bar Association.

In March of 2022, in recognition of her leadership and commitment to improving the lives of children and families, Whelan was honored at a Women’s History Month celebration, “Women Providing Healing, Promoting Hope,” presented by Suffolk County District Administrative Judge Andrew A. Crecca and the Suffolk County Women in the Courts Committee. In June, Whelan was awarded the Marilyn R. Menge Award at the Women’s Bar Association of the State of New York 2022 Convention.

Prior to beginning her legal career, she received a Bachelor of Arts degree in English and a Master of Science degree in Policy Analysis and Public Management from the State University of New York at Stony Brook.

Her devotion to her family was boundless. She and her husband, Suffolk County Supreme Court Justice Thomas F. Whelan, recently celebrated their 32nd wedding anniversary. Together they raised two children, Joseph and Erin. Whelan was a proud grandmother to Erin’s one-year-old daughter, Andrea.

In her spare time, Whelan enjoyed the outdoors. She could often be found hiking, kayaking or spending time at the beach. She ran in several half marathons in recent years.

She continued her dedication to the public good even after her cancer diagnosis, volunteering to participate in clinical trials, despite the risks, in hopes of helping find a cure. Her family, friends and former colleagues remember her as someone who braved challenges with grace and compassion. She will be dearly missed by all who knew her. 

Theresa Whelan is survived by her husband, Justice Thomas F. Whelan; son, Joseph Whelan; daughter, Erin, her husband, Alex Meyers, and their daughter, Andrea; mother, Joan Bryant, and her husband John Bauer; brothers, Jack Bryant and Christopher Bryant; sisters, Vaughn Bogucki and Victoria Yule; together with many nieces and nephews.

Candidates to meet again on the ballot in November

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

Their first race is in the books, but the more important one is yet to come.

Family Court Judge Theresa Whelan defeated attorney Tara Scully in the Democratic primary Sept. 13 to secure a spot on the November ballot in the race to preside over Suffolk County’s Surrogate’s Court. Whelan received nearly 65 percent of the vote, besting Scully 38,674 to 21,040 votes.

“Last night was a great victory for Democrats,” Whelan said in a statement Sept. 14. “I want to thank the voters of Suffolk County and Democratic Chairman Rich Schaffer for having confidence in me and my credentials. I’m looking forward to presenting my 10 years of judicial experience and 30 years of courtroom experience to the voters in November.”

“Last night was a great victory for Democrats.”

— Theresa Whelan

A spokesperson for Scully’s campaign characterized the primary result as a win for the candidate.

“Tara scored her first victory in July, when her entrance into the race forced party leaders to scrap their plan to make a Conservative the candidate of the Democratic Party and scurry to find a Plan B,” campaign spokesman James Walsh said in a statement. “Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals. Tara is still the only candidate for Surrogate nominated by the people. No other candidate gathered a single signature to get into the race. We are confident that she will have broad support across party lines in the General Election.”

The nearly 60,000 voters in the closed primary represented a significant turnout jump from the last time Democrats went to the polls. On June 26, a little more than 32,000 Suffolk County residents registered as Democrats voted in Congressional primaries for the 1st and 2nd districts combined, though the Sept. 13 primary also featured New York gubernatorial, lieutenant governor and attorney general candidates.

“Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals.”

— James Walsh

The Surrogate’s Court race came under scrutiny after Newsday ran an editorial publicizing the political patronage and cross-endorsement agreements that highlighted the race. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Suffolk’s Conservative Party Chairman Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Committee Chairman Rich Schaffer.
As a result, Scully said she gathered enough petitions to run on both Democratic and Republican lines in July to offer voters an alternative. When presented with Scully as a primary challenger, Tinari dropped out. The Democratic Party then nominated Whelan, who calls herself a life-long Democrat.

Despite Thursday’s primary defeat, Scully has secured the Republican Party line in the race for Surrogate’s court and will face off Whelan again at the polls in less than two months.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy Scully and Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70.

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each.

This post was updated Sept. 18.