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This year the Law Department is
observing Women’s History Month by recognizing the Hon. Jane
Bolin – the first African-American woman to serve as an
Assistant Corporation Counsel, the first to graduate from
Yale Law School, the first to be admitted to the New York
State Bar, and the first to be appointed as a judge in the
United States. In 1933, Judge Bolin told The New York Times,
“Everyone else makes a fuss about it, but I didn’t think
about it, and I still don’t. I wasn’t concerned about first,
second or last. My work was my primary concern.”
Jane Matilda Bolin was born on April 11, 1908, in
Poughkeepsie, New York. Her mother, Matilda (Emery) Bolin,
died when she was only 8. Her father, Gaius C. Bolin, was
the first African-American graduate of Williams College, and
a successful lawyer. His was a strong influence on Ms.
Bolin’s interest in the American justice system, with its
ideals and its flaws: “My wonderful father was an earnest
supporter of the NAACP from its beginning and helped
organize its Dutchess County branch. As a child I read the
Crisis regularly. It was the Crisis and the conversations I
heard in my home which brought my first awareness that by
the superficial difference of skin color some people are
treated differently than others. This is a shocking
realization for a child, especially a child who was
fascinated and made to glow by American history and took
literally our Declaration of Independence and Constitution.
I recall the horror with which I learned … the meaning of
the brutal word ‘lynching’. I remember the shock and dismay
and anger I experienced when first I heard of compulsory
racial segregation. I was confused by these realities and
the teachings I had at home, in school and in church about
the dignity of man and the equality of all people. I had
been taught that in my country there were the same
opportunities for all, limited only by one’s intellectual
endowment or personal conduct. I was slowly and painfully
awakening to the realization that there might be other
limitations over which one had no control. As I grew an
older child I was prevented from feeling hopeless and
helpless only because I knew there were people like Dr.
Dubois on a larger scale and my father on a smaller scale
who were uncompromising in fighting for the democratic ideal
my school taught and for the brotherhood my religion
taught.”
In 1924, Ms. Bolin enrolled in Wellesley College. She
described her college experience in a 1974 essay titled
Wellesley After Images by saying, “I am saddened and
maddened even nearly half a century later to recall many of
my Wellesley experiences, but my college days for the most
part evoke sad and lonely memories.” Ms. Bolin was one of
two African-American women who graduated in 1928 as a
“Wellesley Scholar” and one of the top 20 students in her
class.
An advisor at Wellesley counseled Ms. Bolin to consider
teaching as a profession “because no Black woman would ever
make it as a lawyer.” In tears, she called her father, who
was shocked to learn of his daughter’s interest in the legal
profession. She reported his reaction: “I always thought you
were going to be a school teacher. I don’t like you becoming
a lawyer because lawyers have to hear such dirty things
sometimes and a woman shouldn’t have to hear some of the
things a lawyer has to hear.” However, having failed to
dissuade her, he advised his daughter to “make application
to the finest law school admitting women.”
Jane Bolin graduated Yale Law School in 1931, one of only
three women in her class, and the first African-American
woman to graduate from the prestigious institution. In 1932,
she became the first African-American woman to be admitted
to the New York State Bar. From 1932 until 1937 she
practiced law with her father in Poughkeepsie and then in
New York City, with her husband, Ralph E. Mizelle, whom she
had married in 1933. She sought a position at a private law
firm and blamed her lack of success “on account of being a
woman, but I’m sure that race also played a part.”
Reflecting on her decision to leave Poughkeepsie in pursuit
of greater opportunities, Judge Bolin said in 1944, “When I
am asked why I ever left such a beautiful town as
Poughkeepsie I am forced to answer: ‘Yes, it is physically
beautiful, but I hate fascism whether it is practiced by
Germans, Japanese, or by Americans and Poughkeepsie is
fascist to the extent of deluding itself that there is
superiority among human beings by reason solely of color or
race or religion.”
Jane Bolin unfortunately encountered some resistance when
she applied to our office in 1937, but the problem was
quickly rectified by the Corporation Counsel himself. As she
recalled, “I was interviewed by the First Assistant
Corporation Counsel who was from the south of the United
States. He was making short shrift of me by telling me there
were no vacancies when the Corporation Counsel himself, Mr.
Paul Windels, just happened to come in the office. He
treated me very cordially, and said that he knew that I was
interested in the position on his staff. Thereupon, his
assistant interrupted to say ‘but we have no line for her in
the budget.’ And Mr. Windels said, ‘but we do.’ And he shook
my hand and said, ‘I welcome you to my staff.” She began her
career in public service on April 3, 1937 at an annual
salary of $3,500. In March 1939, she was promoted and given
a $250 raise. She resigned from the Law Department four
months later when Mayor Fiorello LaGuardia appointed her as
a Justice of the Domestic Relations Court (renamed the
Family Court in 1962), making her the first African-American
woman to serve as a judge in the United States. She was
reappointed for successive ten-year terms by Mayors William
O’Dwyer, John Lindsay, and Robert F. Wagner, and retired
after 40 years of service on the bench on January 1, 1979.
Judge Bolin’s account of her appointment to the bench
reveals much about the status of women in the 1930’s: “I had
a telephone call from the Mayor’s office saying that the
Mayor wanted to see me the following Saturday… I was
frightened because the Mayor was Fiorello H. LaGuardia and
he had instituted the practice of an answer for every
complaint his office received and the answer had to be given
to him within just a few days. I couldn’t imagine who had
complained about me. *** Saturday morning I had the
appointment with Mayor LaGuardia and I asked [my husband] to
come with me because I was certain I was in for a hard time.
*** We had to wait a while for [the Mayor] and he came back
and just breezed past me saying he wanted to speak to my
husband. He took my husband into a private room and left me
sitting outside still in great fear because I didn’t know
what was going to happen to me. The Mayor and my husband
came out of the private office and the Mayor said to one of
his assistants, ‘call in the photographers.’ He told me to
stand up, raise my right hand, and he swore me in as a judge
of the Domestic Relations Court. You can imagine my
surprise. I was numb all day.” Later, Judge Bolin graciously
commented upon the Mayor’s having consulted her husband, but
not herself, about the appointment: “I was so overwhelmed
and surprised, that at the time, I really – didn’t think
about it. I can understand now and subsequently I could
understand why he did that – was because he wanted to know
the character of the man who was my husband. I can’t think
of any other reason, can you?”
Judge Bolin was an eloquent advocate for equality among the
races and the sexes:
· In a speech to the Urban League during World War II, she
argued pragmatically: “It is not necessary to sell Negro
labor the need for participation in the war effort. Negro
women are ready to take over. Management, in the interest of
national unity and security must make this opportunity
available to them. *** Discrimination limits production
because it keeps needed workers out of war plants. It keeps
skilled people on unskilled jobs. It creates artificial
labor shortages. Every time a Negro worker is denied
employment or promotion for no other reason than his or her
color, one more obstacle is placed in the path of all-out
production. *** Let us remember that every citizen of this
country is entitled to full participation in the life of
America, regardless of his color or religion and whether our
country is at war or at peace. Let every employer and every
labor union, whether large or small, remember that no matter
how small and localized the work we do or the attitudes we
take may seem when viewed from the global perspective of the
times, we can be sure that the concepts of liberty, justice
and opportunity for all, for which such appalling sacrifices
are being made by people of every race today, will find
their realization only as they are constructed bit by bit,
and woven thread by thread, out of the tangled fabric of our
local community lives. In this direction alone lies the road
to ultimate victory. When Negro women are sending their sons
abroad to die for this country, we must assure them by deed
more than by word that democracy truly lives in the United
States.”
· In a letter to the Chair of the Red Cross War Fund, Judge
Bolin objected strenuously to the policy of segregating
donated blood: “I still believe that any Chapter of the Red
Cross in New York State which lacks sufficient courage and
determination to stand up and say it will not impede the war
effort by offending part of the population whose support it
needs and wants is not in a position to make general public
appeals for support. *** Neither can I agree with you that
the Red Cross has no control over a request from the War
Department. In my opinion it has control over any action
taken under its name which divides people instead of uniting
them, which saps morale rather than bolsters it during the
time of war.”
· In 1950 she wrote to then Mayor Impellitteri urging his
support for legislation to end discrimination in public
housing: “I feel obligated to tell you that as a judge in
the Domestic Relations Court I see daily the effects not
only of inadequate housing but of segregated housing on
families and children. I see little bodies dwarfed by an
overcrowded, substandard home and I see little minds warped
by the knowledge that ‘we are considered somehow different
and inferior. We cannot even live any place we want.’ With
that obvious injustice as a starting point, festering over a
period of time, it is perhaps little wonder that there
should be finally rebellion against law and authority. There
is not a resident of this City who should not be able to
feel that all public monies are used for the benefit of all
people and no resident should be humiliated by the knowledge
that his taxes are being used by his city to perpetuate the
evils, both material and psychological, of discrimination. I
feel confident that you too consider this bill long
overdue.”
· In 1957 she wrote to then Mayor Wagner, again urging
support for legislation to address housing discrimination:
“New York City is to me the finest city in the world and I
am very defensive of it. Some friends who have just returned
from abroad told me they were astonished by the accurate
information Asians and Europeans have about race relations
in the United States. People whom they met abroad, they add,
were even more scornful of our failure to pass the [local
housing discrimination] bill than they were of the failure
of our Senate to pass a strong civil rights bill. We are
associated in the minds of people, it seems, not only with a
beautiful city but with a city that is progressive and a
leader in good human relations. I hope we will not
disappoint them further. *** In addition to the justice and
democracy of the bill it would eliminate the sad and
destructive effects of discrimination in housing –
antisocial children rebelling against patent discrimination
as well as unwholesome living conditions, the criminal adult
element similarly reacting, segregated schools, human beings
diseased by slum living, the blatant exploitation by
unscrupulous real estate interests of people they consider
trapped because of their race, religion or national origin.
This is an opportunity for us to implement our religious
teaching and our democratic principles. *** I am confident
that with your record you will meet this challenge to
democracy with courage.”
· In a 1958 speech about the rights of women, Judge Bolin
observed, “It is apparent our progress was never what might
be termed ‘lightning fast.’ Nor have we by any means yet
reached the millennium. There is still discrimination
against women in the political, professional and business
life of our country. There is discrimination in their
employment, in their pay and in their advancement. I am
always impatient with those who say ‘You women have come a
long way.’ Since I am no gradualist, I think to myself that
150 years is too long a time to come a ‘long way’ in that
those gains we have made were never graciously and
generously granted. We have had to fight every inch of the
way – in the face of sometimes insufferable humiliations.”
Judge Bolin worked to eliminate racial injustices that she
encountered in the juvenile justice system, including
segregated child placement facilities and the assignment of
probation officers to children by race. Together with
Eleanor Roosevelt and others, she helped to establish the
Wiltwyck School for Boys to address the need for facilities
that would accept young African Americans.
In 1941, Judge Bolin took a leave of absence from the bench
when her son Yorke was born. Ralph Mizelle died when their
son was only two years old. Judge Bolin raised Yorke as a
single parent until she married Walter Offutt, Jr., a
clergyman interested in social action, in 1950. She later
reflected on how she balanced her career and motherhood by
stating: “I don’t think I short-changed anybody but myself.
I didn’t get all the sleep I needed and I didn’t get to
travel as much as I would have liked, because I felt my
first obligation was to my child.”
Judge Bolin said of her work in the Family Court, “I’ve
always done the kind of work that I like. Families and
children are so important to our society, and to dedicate
your life to trying to improve their lives is completely
satisfying.” (The New York Times, December 12, 1978 p A 22).
Throughout her career Judge Bolin served on many boards,
including the regional and national boards of the NAACP, the
New Lincoln School, the Dalton School, the Child Welfare
League of America, and the National Urban League. Following
her retirement, she served on a committee of the Board of
the New York State Regents. In 1993, Judge Bolin received
the Corporation Counsel’s Award for Distinguished Service
from Corporation Counsel O. Peter Sherwood in recognition of
her life-long service to the people of the State of New
York.
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