New York Court of Appeals’ Judge George Bundy Smith’s 14-year term ends September 24, 2006. Judge Smith sought reappointment but, as we learned several weeks ago, Governor George Pataki chose not to do so (see Governor’s press release).
Perhaps I am being idealistic, or maybe I am a little biased toward Court tradition (see article here about Court tradition and reappointment), but I was disappointed when I learned that Judge Smith was not reappointed. Unfortunately, Judge Smith was a victim of circumstances — if reappointed he could only have served one more year before his mandatory retirement and that would have fallen beyond Governor Pataki’s tenure.
My disappointment about the Governor’s choice stems from my experiences in working at the Court during a small part of his tenure. During my clerkship at the Court, Judge Smith had a great impact on me. His dedication and devotion to his work product at the Court left me awestruck. To me, he is a man of few words; when he speaks his questions and comments have gravity. He constantly sought to grow as an attorney and Judge, and set an example for me as a young attorney. The Court will lose a leader and superb jurist, and the Bench no doubt would have benefited from his reappointment (even if it was for just one more year).