Judge Karen Peters to Lead Third Department Appellate Division

Peters to Lead Third Department
The New York Law Journal by John Caher  -  April 6, 2012

With a "have gavel will travel" motto, the late Appellate Division, Third Department, Presiding Justice Anthony Cardona brought his court to the people, holding sessions in all 28 counties of the sprawling upstate district.  Justice Cardona's successor, Karen Peters, said she intends to "bring the people to the court."  "My goal is to take that to the next step and bring the people to the court and ensure that the administration and the judiciary and the staff at the Appellate Division reflect the diversity of the community it serves, and that everyone believes when they walk in the door that they have been treated fairly," Peters said in an interview, shortly after her appointment as presiding justice was announced by Governor Andrew Cuomo.  Peters, 64, made history April 5 by becoming the first woman to lead the court since it was established 118 years ago. In 1992, she became the first woman elected to Supreme Court in the Third Department.  Before then Peters had served as an Ulster County Family Court judge, counsel to the state Division of Alcoholism and Alcohol Abuse and an assistant district attorney in Dutchess County. She began her career practicing criminal and family law with the firm of Peters and Weiner.  A graduate of George Washington University and New York University School of Law, Peters was appointed to the Third Department in 1994 by the governor's father, Mario Cuomo.  "Throughout her career Justice Peters has displayed incredible judgment and integrity through her public service to New York State," Andrew Cuomo said in a statement. "I have no doubt that she will continue to provide justice to New Yorkers with great distinction."  The appointment of Peters, a Democrat, to the $172,800 a year position, was praised by former Chief Judge Judith Kaye and Representative Maurice Hinchey, D-Saugerties, in a press release issued by the governor's office.  "I am thrilled beyond words at the news of the appointment of Karen Peters," Kaye, now of Skadden, Arps, Slate, Meagher & Flom, said. "These are, of course, enormous shoes to fill, but Justice Peters is an outstanding jurist who has earned the esteem of the legal community and will be a terrific leader in all respects."  Vincent Doyle III of Connors & Vilardo in Buffalo, president of the New York State Bar Association, said Peters "has been a model of intellect, fairness and wisdom since she first joined the state bench two decades ago."  Justice Thomas Mercure had served as acting presiding justice since early 2011, when Justice Cardona was diagnosed with cancer. Cardona died in December. Mercure, a Republican, had applied for the appointment, as had Democratic justices Leslie E. Stein and John Egan Jr.  Peters said she was immediately congratulated by her colleagues and foresees no friction among the judges who applied for the post.  "We have all worked very hard together over the years and our court is a very congenial court," she said. "I don't see any friction at all."  The Third Department remains one judge short since the Cardona position has yet to be filled. But the Third Department is the least short-handed of the four appellate departments, with only one vacancy on the 12-judge court.  The First Department is down three of its 20 judges. There are three vacancies in the 22-judge Second Department, which has been operating with an acting presiding justice, William Master, since A. Gail Prudenti left to become chief administrative judge in December. But the Fourth Department in Rochester is the most strapped, with 25 percent of its judgeships, three of 12, vacant.  Fourth Department Presiding Justice Henry Scudder said that with the three vacancies and the absence of another judge recently for personal reasons, the court had to assign four-judge panels for some appeals. "We would be very appreciative to get an appointment," Scudder said. Peters said she is eager to get her court up to full staff as well. "Hopefully, my conversation with the governor's office about filling that will take place soon," Peters said. "We work very hard. We manage a massive caseload and without Judge Cardona we have continued to keep up the cases and get the work done."  Peters will be able to serve as presiding justice through 2017, the year she reaches the mandatory retirement age of 70.  John Caher can be reached at jcaher@alm.com.