Chief Judge Judith Kaye remembered

Posted 8/21/12

ALBANY, NY — The first woman to be appointed to the New York Court of Appeals, Chief Judge Judith Kaye, also headed the highest court in the state for about 15 years, longer than any other jurist …

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Chief Judge Judith Kaye remembered

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ALBANY, NY — The first woman to be appointed to the New York Court of Appeals, Chief Judge Judith Kaye, also headed the highest court in the state for about 15 years, longer than any other jurist in that position. She passed away on January 7.

According to her biography on the New York Courts website, “Judith Ann Smith was born on August 4, 1938 in Monticello. Her parents, Benjamin and Lena Smith, were Polish Jews who had immigrated to the United States, and… settled on a small farm in Maplewood, just outside of Monticello. She began her schooling in a one-room schoolhouse in Maplewood, but in 1944 the family moved into the village of Monticello and opened a ladies’ clothing store... Kaye worked at the store from the time she was old enough to reach the countertop (about age 12) through college.”

Initially Kaye wanted to be a journalist, but began studying the law with the notion that it would help her get a good reporting position. She became more interested in the law than journalism.

While attending Monticello High School, Kaye participated on the debate team and was editor of the student newspaper. Graduating in 1954 at the age of 15, having skipped two grades, Kaye was admitted to Barnard College. Although she hoped to fulfill her ambition of being a journalist (she had spent summers during high school working at The Evening News, a local paper, in addition to the family store), Barnard did not offer a journalism degree. Instead, Kaye majored in Latin American Civilization while serving as editor-in-chief of the Barnard Bulletin and as a campus stringer for the New York Herald Tribune.

She had a career as a commercial litigator, when in 1983 she was appointed to the appellate division by Gov. Mario Cuomo, against the advice of the Women’s Bar Association of New York State.

Later, working as the top judge in the state, Kaye earned the respect of most people connected to the legal system in New York, and that continues today.

Sen. John Bonacic issued a statement saying, “I was deeply saddened to learn of the passing of my friend Judith Kaye… She was not only an inspiration to countless young female legal professionals, but also a model on how to work through complex legal issues and arrive at decisions that were fair and just to everyone involved. My thoughts and prayers are with her family and friends at this most difficult time.”

A statement from New York State Assembly Speaker Carl Heastie said, “Chief Judge Judith S. Kaye committed her life’s work to making New York a better state for every individual and every family regardless of their socioeconomic status. As the first woman to be appointed to the state’s highest court and the first [woman] to be named chief judge, she was a trailblazer who has inspired all of us to be better public servants. Chief Judge Kaye was among the first to call for restorative, not punitive justice, which acknowledges the challenges facing our society, especially the plight of poor communities and young men of color. She advocated for policies to help struggling families heal and led the charge to strengthen New York’s child welfare system. Because of her commitment to preserving New York’s families, our courts became a meaningful partner in improving the quality of life for people across all across the state.”

Kaye was involved in numerous landmark cases, writing decisions that touched everything from the death penalty to constructing the state budget.

One decision that she wrote and is often heard in cases in Sullivan County involves the expansion of nonconforming uses, which are facilities that were once allowed but are now prohibited, such as summer camps in residential neighborhoods. Kaye wrote, “the highest priority of zoning is their [nonconforming uses] reasonable restriction and eventual elimination.” In recent years, the towns of Thompson and Bethel have followed Kaye’s direction and adopted laws prohibiting the expansion of nonconforming uses.

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