Court of Appeals Judge George Bundy Smith

A Legacy of Judicial Excellence and Civil Rights Advocacy

By Kimberley Bernard

Kimberley Bernard is a third-year student at Albany Law School. Prior to attending law school, Kimberley earned her bachelor’s degree from the University at Albany, SUNY, where she majored in English with double minors in Business and Sociology.

At the law school, Kimberley has served as treasurer for the Black Law Student Association, was a semi-finalist in the 2022 Donna Jo Morse Client Counseling Competition, and was the recipient of the 2023 James Campbell Matthews Student Award. Currently, she works as a student assistant in the Diversity, Equity, and Inclusion Office.

With an interest in family law, Kimberley has spent the last few years dedicating herself to these matters. In the Spring of 2023, Kimberley interned with the Family Violence Litigation Clinic, representing clients faced with domestic violence issues before the court. During the summer of 2023, Kimberley worked as a Summer Law Clerk for Arquette Law Firm, focusing on family and matrimonial matters.

This fall semester, she has had a Field Placement in the chambers of the Honorable Richard Rivera and she serves as a part-time Legal Aide for the New York Attorney General’s Office’s Law Enforcement Misconduct Investigation Office.

George Bundy Smith, a distinguished jurist, left an indelible mark on the legal landscape of New York State during his tenure on New York's highest court, the Court of Appeals. This paper examines his judicial philosophy, landmark decisions, and lasting impact on civil rights and social justice within the context of the Court of Appeals.

Raised amidst racial segregation, Judge Smith’s personal experiences with inequalities fueled his commitment to civil rights and social justice throughout his career. His journey from being the only African American in his high school class to serving on New York's high court showcased his dedication to justice, fairness, and equality.

This paper explores Judge Smith’s early life, legal career, and educational journey, which included experiences such as being a Freedom Rider during the Civil Rights Movement. His tenure as an attorney with the NAACP Legal Defense and Educational Fund and as a law secretary to influential jurists provided him with insights into the legal system’s transformative power in promoting civil rights and social progress.

The paper delves into significant rulings and opinions authored by Judge Smith, including his majority opinion in People v. LaValle (2004) that challenged the constitutionality of a “deadlock instruction” in death penalty cases. Another significant opinion, People v. Calabria (2000), addressed prosecutorial misconduct’s impact on a fair trial. Additionally, this paper highlights Judge Smith’s impactful dissent in People v. Tortorici (1999), where he challenged the majority’s approach to due process in cases involving mental competency.

Judge Smith’s commitment to public service extended beyond the bench, as he actively championed civil rights causes, promoted diversity within the legal profession, and engaged in various legal organizations. While his decisions were not without criticism, Judge Smith’s legacy is one of unwavering dedication to justice, equality, and civil rights. His impact on the legal community continues to inspire future generations in their pursuit of a more just society.

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To read the paper, open HERE.

George Bundy Smith, New York Court of Appeals, 1992–2006

Patterns in Criminal Justice

By Robert C. McIver
Robert McIver, a third year law student at Albany Law School, graduated cum laude from Le Moyne College in 2010 where he majored in History and Political Science and played Men's Lacrosse.  He has served as a teaching assistant to Professors Deutsch and Heverly.  Currently he is the Executive Editor for State Constitutional Commentary with the Albany Law Review and is a research assistant for Professor Connors.
He prepared this essay for Prof. Bonventre's State Constitutional Adjudication Seminar, Spring 2013.

             In analyzing several of George Bundy Smith’s opinions,[*] I have recognized patterns in how he viewed the criminal justice system and how he interpreted state and federal constitutional questions.  Overall, I found that Judge Smith, consistent with Herbert Packer's due process model,[1] recognized the importance of fair procedural methods. 

In People v. Benevento,[2] the Court of Appeals analyzed the right to guaranteed effective assistance of counsel in New York State.  Judge Smith wrote for a unanimous court, holding that New York State did not review attorney error using the federal test articulated in Strickland v. Washington.[3]  Rather than focusing on whether confidence in the outcome of the trial was potentially undermined, as the U.S. Supreme Court did in Strickland, Judge Smith’s opinion held that attorney error would depend on whether the defendant was afforded “meaningful representation.”[4]