Later that year, he was elected Richmond County District Attorney, an office he began serving in 1890 and was re-elected to in 1892.
[4] In October 1905, Justice Maddox of the New York Supreme Court ordered Fitzgerald to appear before a referee and account for money a client of his, Margaret Slevin of Yonkers, entrusted to him and now wanted back.
He failed to appear before the court, and when it was revealed Slevin picked Fitzgerald because they were childhood friends the public began to turn against him.
[5] In February 1907, the Brooklyn Bar Association began to look into Fitzgerald's case, which led him to return to the bench as if nothing happened, even though his salary was cut off, and claimed he was just very sick the whole time.
The Appellate Division heard the Brooklyn Bar Association's case and had him convicted and removed from his judgeship.