Bernard Botein
Encyclopedia
Bernard Botein was a prominent New York City
lawyer
and judge
, a legal reformer, a presiding justice of the New York State Supreme Court, Appellate Division, First Department, and a president of the New York City Bar Association.
on May 6, 1900. His father died when he was six, and he worked various jobs throughout his youth to support his family and pay for his education, including flower deliveryman, newspaper carrier, and clerk in an insurance office. He served as a private
in the United States Army
during World War I
. He attended Morris High School
in the Bronx, City College of New York
, and Brooklyn Law School
.
in Manhattan
, where he served as head of the Accident Fraud Bureau and brought over 200 prosecutions against ambulance chasing lawyers, doctors and professional accident victims. In 1938, Governor Herbert H. Lehman
appointed Botein general counsel for the State Insurance Fund, where he headed an investigation that led to the conviction of 18 auditors for bribery
and the dismissal of 40 others for violation of the New York Civil Service Code. In 1940, as the head of another special investigation, Botein uncovered fraud and waste in the awarding of state printing contracts, leading to 14 possible prosecutions, the disqualification of two companies from receiving state contracts, and a report recommending a cost-saving reorganization of the state’s printing procedures.
In 1941 Botein was appointed by Lehman to the New York State Supreme Court, where he presided over a number of high-profile cases, including the ordering of a special election following the resignation New York City Mayor William O'Dwyer
. In 1953, Governor Thomas Dewey
appointed Botein to the Appellate Division of the New York State Supreme Court, First Department, located in Manhattan, and in 1958 Governor Averell Harriman named him the presiding judge. As Presiding Justice of the Appellate Division First Department, he instituted a 24-hour arraignment system to shorten the time defendants spent in police lock-up. He was also an enthusiastic supporter of the system of releasing a defendant on his own recognizance until trial. In 1962, he played an important role in the reorganization of the courts under a centralized court system
of administration overseen by the justices of the Court of Appeals. He served as presiding judge until his retirement from the bench in 1968.
After 1968, Botein began to practice law privately with the firm Botein, Hays, Sklar & Herzberg, where he was lead partner. From 1970 to 1972, he also served as president of the New York City Bar Association. As president of the Bar, Botein was instrumental in making it more accessible to younger lawyers and making its decision process more democratic. He drafted new bylaws allowing Bar members to vote by referendum on policy positions of “general interest” to the membership, taking the power over positions out of the hands of small number of committee members. He also helped introduce new committees to the Bar, including the Sex and the Law Committee which became a prominent advocate of the Equal Rights Amendment
.
in Manhattan on February 3, 1974.
Bernard Botein Papers (1925 – 1975), at the New York Historical Society
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, a legal reformer, a presiding justice of the New York State Supreme Court, Appellate Division, First Department, and a president of the New York City Bar Association.
Early life
Bernard Botein was born to a German Jewish family on New York’s Lower East SideLower East Side
The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....
on May 6, 1900. His father died when he was six, and he worked various jobs throughout his youth to support his family and pay for his education, including flower deliveryman, newspaper carrier, and clerk in an insurance office. He served as a private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. He attended Morris High School
Morris High School (Bronx, New York)
Morris High School was a high school in the borough of the Bronx in New York City. It was built in 1897. It was the first high school built in the Bronx...
in the Bronx, City College of New York
City College of New York
The City College of the City University of New York is a senior college of the City University of New York , in New York City. It is also the oldest of the City University's twenty-three institutions of higher learning...
, and Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
.
Career
In 1929, Botein was hired as assistant district attorneyNew York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, where he served as head of the Accident Fraud Bureau and brought over 200 prosecutions against ambulance chasing lawyers, doctors and professional accident victims. In 1938, Governor Herbert H. Lehman
Herbert H. Lehman
Herbert Henry Lehman was a Democratic Party politician from New York. He was the 45th Governor of New York from 1933 to 1942, and represented New York in the United States Senate from 1950 to 1957.-Lehman Brothers:...
appointed Botein general counsel for the State Insurance Fund, where he headed an investigation that led to the conviction of 18 auditors for bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
and the dismissal of 40 others for violation of the New York Civil Service Code. In 1940, as the head of another special investigation, Botein uncovered fraud and waste in the awarding of state printing contracts, leading to 14 possible prosecutions, the disqualification of two companies from receiving state contracts, and a report recommending a cost-saving reorganization of the state’s printing procedures.
In 1941 Botein was appointed by Lehman to the New York State Supreme Court, where he presided over a number of high-profile cases, including the ordering of a special election following the resignation New York City Mayor William O'Dwyer
William O'Dwyer
William O'Dwyer was the 100th Mayor of New York City, holding that office from 1946 to 1950.-Biography:O'Dwyer was born in County Mayo, Ireland and migrated to the United States in 1910, after abandoning studies for the priesthood...
. In 1953, Governor Thomas Dewey
Thomas Dewey
Thomas Edmund Dewey was the 47th Governor of New York . In 1944 and 1948, he was the Republican candidate for President, but lost both times. He led the liberal faction of the Republican Party, in which he fought conservative Ohio Senator Robert A. Taft...
appointed Botein to the Appellate Division of the New York State Supreme Court, First Department, located in Manhattan, and in 1958 Governor Averell Harriman named him the presiding judge. As Presiding Justice of the Appellate Division First Department, he instituted a 24-hour arraignment system to shorten the time defendants spent in police lock-up. He was also an enthusiastic supporter of the system of releasing a defendant on his own recognizance until trial. In 1962, he played an important role in the reorganization of the courts under a centralized court system
New York State Unified Court System
The New York State Unified Court System is the official name of the judicial system of New York in the United States. Based in Albany, the New York State Judiciary is a unified state court system that functions under the Chief Judge of the New York Court of Appeals who is its...
of administration overseen by the justices of the Court of Appeals. He served as presiding judge until his retirement from the bench in 1968.
After 1968, Botein began to practice law privately with the firm Botein, Hays, Sklar & Herzberg, where he was lead partner. From 1970 to 1972, he also served as president of the New York City Bar Association. As president of the Bar, Botein was instrumental in making it more accessible to younger lawyers and making its decision process more democratic. He drafted new bylaws allowing Bar members to vote by referendum on policy positions of “general interest” to the membership, taking the power over positions out of the hands of small number of committee members. He also helped introduce new committees to the Bar, including the Sex and the Law Committee which became a prominent advocate of the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
.
Death
Bernard Botein died from heart failure at Lenox Hill HospitalLenox Hill Hospital
Lenox Hill Hospital, on Manhattan's Upper East Side in New York City, is a 652-bed, acute care hospital and a major teaching affiliate of New York University Medical Center. Founded in 1857 as the German Dispensary, today's 10-building Lenox Hill Hospital complex has occupied its present site since...
in Manhattan on February 3, 1974.
Books
- Botein, Bernard. Trial Judge: The Candid, Behind-the-Bench Story of Justice. New York: Simon & Schuster, 1952. ISBN 030670630X
- Morris, Jeffrey B. “Making Sure We are True to Our Founders”: The Association of the Bar of the City of New York, 1980-1995. New York, NY: Fordham University Press, 1997. ISBN 0-8232-1738-8
Newspapers
- “Bernard Botein, 73, Dies.” The New York Times. February 4, 1974.
- “Innovator on the Bench; Bernard Botein.” The New York Times. March 26, 1966.
- “Mr. Presiding Justice; Bernard Botein.” The New York Times. October 1, 1957.
- “Reshaper of Courts, Bernard Botein.” The New York Times. September 17, 1968.
Published work
- Botein, Bernard. Our Cities Burn While We Play Cops and Robbers. New York: Simon & Schuster, 1972. ISBN 0671212699
- Botein, Bernard. The Prosecutor: A Novel. New York: Simon & Schuster, 1956. ASIN B0007E1YF4
- Botein, Bernard. Trial Judge: The Candid, Behind-the-Bench Story of Justice. New York: Simon & Schuster, 1952. ISBN 030670630X
- Botein, Bernard and Murray Gordon. The Trial of the Future: Challenge to the Law. New York: Simon & Schuster, 1963. ASIN B000ZQAATK
External Resources
Biography of Bernard Botein on the Website of the New York State Unified Court SystemBernard Botein Papers (1925 – 1975), at the New York Historical Society