Though a Career Insider, Judge Poised to Make His Mark on OCA Corruption

Marks Is Set to Target Backlog in New First Deputy Chief Role
The New York Law Journal by John Caher  -  April 5, 2012
Court officials have promoted a career administrator to a top-level position, and immediately tasked him to tackle case management and backlog issues statewide.

Judge Lawrence Marks was named first deputy chief administrative judge on April 4, making him the second-highest administrative judge in the state. He will report directly to Chief Administrative Judge A. Gail Prudenti.  Prudenti said that with the Judiciary budget passed and judges finally having received a pay raise, "we are moving out of crisis mode."  "Our core mission is to make sure cases are handled in a timely and efficient way," Prudenti said. "We are getting back to that core mission. It is very import to the community that we serve and we want to address their concerns."  Marks has served as the administrative director of the courts since 2004 and was later appointed to the Court of Claims and designated an acting Supreme Court justice. He will continue as administrative director with the same $168,600 salary. The judge said he also will continue hearing some criminal cases in New York City and commercial cases in Nassau County.  In his new role, Marks will work with the deputy chief administrative judges and local administrative judges to develop "case management and other strategies aimed at more efficiently moving cases and eliminating backlogs in this time of formidable caseloads and diminished resources," according to a press release distributed by OCA.  Backlogs have grown in courts all over the state in the last few years, fueled by trends like a deluge of foreclosure cases and more complex criminal law issues. At the same time, the courts' task has been made more difficult by early retirements of non-judicial personnel, followed by layoffs and a hiring freeze last year.  For example, the number of pending Supreme Court civil cases increased by 25.2 percent in New York City and 30.8 percent elsewhere from 2008 to 2011. By the end of last year, 32 percent of the city cases and 22 percent of upstate matters were above the standards and goals the court system uses to measure performance.  Marks' appointment by Justice Prudenti was made with Chief Judge Jonathan Lippman's approval.  "I have had the distinct pleasure of working with Marks for many years and know firsthand his many talents, tireless work ethic and outstanding character," Lippman said in a statement. "He hasn't taken a sick day in 15 years."  The position of first deputy has been vacant since 2007, when Ann Pfau became chief administrative judge. Prudenti said the post was revived because she needed a "right hand" colleague who would be available at all times.  "He is a multi-talented, very thoughtful, incredibly bright, hardworking judge and lawyer and administrator," Prudenti said. "I need his help and assistance so that someone is available at all times, 24/7, to aid and assist those who need our help."  Marks said that "case management and case processing and renewing our focus on backlogs, which have increased in recent years," is a priority of Lippman and Prudenti.  "I will be working very closely with Judge Prudenti and assisting her in all aspects of the management of the state court system," Marks said.  Marks has worked in the court system since 1991, initially as criminal justice counsel and later as special counsel to the chief administrative judge. Previously, he was a senior supervising attorney with the Legal Aid Society, a private practitioner and clerk to U.S. District Judge Thomas Platt.  The new first deputy has a bachelor's degree from the State University at Albany and a law degree from Cornell Law School and has been an adjunct professor at Brooklyn Law School and the John Jay College of Criminal Justice.  John Caher can be contacted at jcaher@alm.com.