Tag: associate judge

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Asian American Judges Association of New York (AAJANY) Statement Raising Concern about Newly Proposed Program Bill

March 30, 2023 – On behalf of the Asian American Judges Association of New York (AAJANY), we would first like to congratulate the seven candidates who have been nominated to fill the Chief Judge vacancy on the New York State Court of Appeals. Our state’s highest court is a Court for the people, inclusive of every race, ethnicity, gender, religion and more. Likewise, the process of selecting the six Associate Judges and Chief Judge that make up this Court must be thorough and all-inclusive. We wish to emphasize the importance of a fair and thoughtful selection process for any future Associate Judge appointment and express concern over the newly proposed Program Bill.


There has never been an Asian American judge on the Court of Appeals. To date, there have only been five Asian American judges on the Appellate Division, and only in the First and Second Departments. Since 1979, the Commission on Judicial Nomination has published 37 nomination lists for appointment to the Court of Appeals. An Asian American candidate did not appear on a list until the 25th vacancy in 2012. In the entire history of the Commission on Judicial Nomination, an Asian American has only appeared on the list on five occasions.


Jeh Johnson’s report on Equal Justice in the New York State Courts, dated October 1, 2020, highlighted the significant deficiencies in the representation and promotion of Asian American and Latino judges. There are no Asian American or Latino American candidates on the Commission’s current list for the Chief Judge vacancy. On Monday, March 27, 2023, new legislation was proposed which would significantly modify the well-established procedure for filling an Associate Judge vacancy on the Court of Appeals. Were the Governor to select a sitting Associate Judge from the Court of Appeals as the next Chief Judge, and then select from this same list of nominees to fill that vacancy, there will be no opportunity for the Governor to consider an Asian American for the Associate Judge position. In fact, there will be no opportunity for the Governor to consider any candidate of color. Diversity of candidates is paramount in the selection process of an Associate Judge to our highest court, and so we call for that process to be complete, fair, and inclusive of all.

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A Statement from Chief Judge Janet DiFiore on Behalf of the New York Court of Appeals (August 5, 2017)

The Court of Appeals is saddened by the death of George Bundy Smith, who served with great distinction as an Associate Judge of the Court from 1992 to 2006. A freedom rider during the civil rights struggle of the 1960s, Judge Smith remained soft-spoken, self-effacing, and completely dedicated to fairness and justice for all people throughout his career. As then-Chief Judge Judith S. Kaye said of him in 2005, “George is a man of few words, but they are absolutely the right words.” He leaves our nation a better place than he found it. We will miss him deeply.

AABANY joins the entire legal community in mourning Hon. George Bundy Smith, a trailblazing attorney and jurist, for his contributions to making positive change in the legal profession and society as a whole.

Please consider supporting the Metropolitan Black Bar Association (MBBA) Hon. George Bundy Smith Scholarship Fund. More from MBBA:

The Honorable George Bundy Smith, served on the MBBA Board and founded its original scholarship fund. Appointed by Governor Mario Cuomo, Judge Smith served on the New York State Court of Appeals from 1992 to 2006. He also served as a judge on the Civil Court of New York City from 1975-1986 and as an Associate Justice of the Supreme Court of New York from 1987-1992. A former law professor at Fordham Law School, Judge Smith was also a former Freedom Rider and a graduate of Yale University (B.A. 1959), where he was just one of three African Americans in his class, and Yale Law School (LL.B 1962). He also received a Ph.D from New York University and an LL.M from University of Virginia School of Law.

In 2014, The Metropolitan Black Bar Association established The Honorable George Bundy Smith Scholarship Fund to offer three scholarships to students who demonstrate qualities of leadership, a passion for the arts and sciences, or a commitment to diversity and academic excellence. The fund is in honor of Judge Smith, who for many years provided board leadership and guidance to the Metropolitan Black Bar Association, including starting the organization’s first scholarship fund. Above all, Judge Smith valued education and consistently leveraged his successes to the benefit of the African-American community.

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