Education: 1968: J.D., New York University School of Law; 1965: B.A., New York University.

Career in Brief: 2009–present: Chief Judge, New York Court of Appeals; 2007–2009: Presiding Justice, Appellate Division of the New York Supreme Court, First Department; 2006–2009: Supreme Court Justice, New York Supreme Court, Ninth Judicial District; 2006–2007: Associate Justice, Appellate Term, Ninth and Tenth Judicial Districts; 1996–2007: Chief Administrative Judge, New York State Courts; 1995–2005: Judge, New York State Court of Claims; 1989–1995: Deputy Chief Administrator and Deputy Chief Administrative Judge, New York State Courts; 1983–1989: Chief Clerk and Executive Officer, New York Supreme Court, New York County, Civil Branch; 1977–1983: Principal Court Attorney, New York County Supreme Court, Civil Branch; 1974–1976: Law Clerk to the Honorable Samuel A. Spiegel, New York Supreme Court, New York County; 1972–1974: Law Assistant to Supreme Court Justices, Appellate Division of the New York Supreme Court, First Department.

What do you enjoy most about your role as head of the state judiciary? As Chief Judge of New York, I have a podium from which to advocate for what I think is most important in the court system, and I enjoy doing everything in my power to fulfill the constitutional mission of the courts: to foster equal justice for all of our citizens. The judiciary, as the regulator of the legal profession and the gatekeeper for bar admission, is in the unique position to provide leadership in this area.

I am particularly proud of our efforts to elicit public funding for our judiciary budget for civil legal services, spur pro bono work among the bar and law students, and collaborate with other branches of government and stakeholders to lead a revolution in securing access to justice in New York and around the country. As the leader of New York’s courts, I pride myself on providing that everyone has his or her day in court, rich and poor, high and low alike.

Further, as Chief Judge of the Court of Appeals, I enjoy dealing with cases that have a central impact on our citizens, as well as the collegiality of the high court. I believe that we are the best high court in the country, and I appreciate the diversity in opinions and viewpoints on the critical cases that come before us. Sitting in the middle seat in the high court in New York is a unique position, with an immense responsibility to ensure the scales of justice are exquisitely balanced for all.

What are your greatest challenges in deciding civil appeals? The civil law is so nuanced. Every case results in changes to the law, ranging from small wrinkles to new dimensions. One can never get tired of the challenging legal issues in civil litigation. The topics run the gamut, from torts to commercial to family to public governance issues, all of which critically affect the lives of New Yorkers. Civil appeals are particularly challenging due to the complexity of the work, as well as the varied legal and policy issues that come up through our vast court system. The high court hears the most difficult questions and the ones with the greatest impact in our state.

What have been the most significant developments in appellate practice or procedure during your time on the bench? Advancements in technology have had a significant influence on appellate practice. Briefs and other papers from parties are now e-filed with the Court of Appeals, and correspondence between the judges happens completely through electronic means. Further, attorneys, judges, clerks and court staff all use technology to research briefs and decisions, and to locate cases. Technology has made our work more efficient, thorough and complete.

What is the most significant challenge you expect the court to face in the next year? The Court of Appeals is going through a major transition in the upcoming year. In the four-year period from 2013 to 2016, the entire court, including the Chief Judge, will turn over, and new appointments will be made. As Chief Judge, I intend to guide the transition with two new members who will take office near the beginning of this year. Replacing even one judge has an important impact on the chemistry, customs and culture of the court, and on the evolution of the common law. The Chief Judge’s job is to ensure that these types of transitions are seamless and that the court remains consistent with its traditions and great history.

What advice would you give counsel on preparing their appellate briefs? Discuss the most important matters early on and succinctly, so that judges do not lose interest before they reach the main point. Draft appellate briefs with an eye towards oral argument, trying to anticipate and address questions that the judges may have. Do not simply regurgitate the relevant boilerplate law. Overall, be concise, prioritize the important points, and focus the judge’s interest and attention on the most compelling issues in the case.

How do you prepare for oral argument in civil appeals? I study the briefs and reports compiled by my law clerks on each of the cases, and I review the record where appropriate. I try to cut through the arguments and get to the heart of the case, and determine what questions would be helpful to me and the other members of the court. I also think in advance about where there may be fault lines or weaknesses in the arguments.

What are the biggest pitfalls attorneys should avoid when arguing before the New York Court of Appeals? My advice is to simply answer the judges’ questions. Attorneys sabotage themselves when they give predetermined answers without paying attention to what the judges are asking. It is a major pitfall for counsel to be too wedded to what they have prepared in advance. While preparation is important, the judges have their own views about what is significant to the case. In our court, it is a very hot bench. We have read all the papers, and there are certain issues that we want the attorneys to address. Counsel should listen carefully, refrain from being combative with the judge and stay agile while arguing their case.

Which current or former New York Court of Appeals Judges do you most admire, and why? There are several. The first great jurist that comes to mind is Judge Benjamin Cardozo, who in so many ways personifies what the New York high court is all about. I also admire Judge John Jay, the first Chief Judge of New York, who set the mold for Chief Judges of New York and Chief Justices of the US. I have great respect for both of my immediate predecessors as Chief Judge as well. Judge Sol Wachtler, who gave me my first big break by appointing me to a statewide position in the court system, has been very kind and generous to me over the years. Judge Judith Kaye, my immediate predecessor, really wrote the script for me as Chief Judge, and I am grateful for the opportunity to work closely with her for so many years when I was Chief Administrative Judge.

Of course, I would be remiss if I did not mention the four stellar judges who just recently left the court and who I have such deep respect, admiration and affection for. Former Senior Associate Judges Carmen Beauchamp Ciparick and Victoria Graffeo are both my dear friends. Judge Ciparick and I have spent a lifetime together in the courts in many different roles, and Judge Graffeo has been enormously helpful to me in working for equal justice in our state. Additionally, Judge Robert Smith was an intellectual force who brought so much to the court and was an absolute delight to work with, both as a colleague and friend. And finally, the late Judge Theodore Jones was a great judge who unexpectedly passed away a few short years ago, and all of us in the court family deeply miss him.