Lawrence H. Cooke
Encyclopedia
Lawrence Henry Cooke was an American lawyer and politician from New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

. He was Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals.The chief judge supervises the seven-judge Court of Appeals...

 from 1979 to 1984.

Life

He was the son of George L. Cooke and Mary E. (Pond) Cooke. He graduated from Monticello High School, from Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...

 in 1935, and from the Albany Law School
Albany Law School
Albany Law School is an ABA accredited law school based in Albany, New York. It was founded in 1851 by Amos Dean , Amasa Parker, Ira Harris and others....

 in 1938. After opening a law office in Monticello in 1939, he was elected Supervisor of the Town of Thompson
Thompson, New York
Thompson is a town in Sullivan County, New York, United States. The population was 14,189 at the 2000 census. The town is named after William Thompson, an early settler.The Town of Thompson is in the southeast part of the county....

 for two terms. He married Alice McCormack, and they had three children.

His judicial career began in 1953 when he was elected county judge, surrogate and Children's Court judge of Sullivan County. In November 1961, he was elected unopposed a justice of the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...

, and was appointed to the Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...

 in 1968.

In 1972
New York state election, 1972
The 1972 New York state election was held on November 7, 1972, to elect three judges of the New York Court of Appeals, as well as all members of the New York State Assembly and the New York State Senate.-Background:...

, he ran for the Court of Appeals on the Democratic and Conservative
Conservative Party of New York
The Conservative Party of New York State is an American political party active in the state of New York. It is not part of any nationwide party, nor is it affiliated with the American Conservative Party, which it predates by over 40 years....

 tickets but was defeated. In 1974, he and Jacob D. Fuchsberg
Jacob D. Fuchsberg
Jacob David Fuchsberg was an American lawyer and politician...

 were the last two judges elected to the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

. In 1977, a constitutional amendment made the judgeships appointive. He was the first Chief Judge
Chief Judge of the New York Court of Appeals
Chief Judge of the New York Court of Appeals refers to the position of chief judge on the New York Court of Appeals.The chief judge supervises the seven-judge Court of Appeals...

 appointed by the Governor. He was nominated by Governor Hugh L. Carey on January 2, 1979, and confirmed by the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

 on January 23, 1979. He retired from the bench at the end of 1984 when he reached the constitutional age limit of 70 years.

He died at his home in Monticello, and was buried at the Rock Ridge Cemetery there.

His life and accomplishments were recognized by many sources following his death, including The New York Times, among others.

His opinions

  • In People v. Roberts, he wrote in the majority opinion that once a lawyer has entered a proceeding in what may develop into a criminal case, the police must cease questioning the suspect, and that a waiver of the right to counsel may be made only in the presence of counsel.

  • In Beach v. Shanley, he wrote the court's opinion that the Shield law
    Shield law
    A shield law or reporters' privilege is legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process.-Definition:...

     permits a reporter who has been called before a grand jury
    Grand jury
    A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

     to withhold the name of confidential sources without being subject to any sanction for criminal contempt.

  • In Sharrock v. Dell Buick-Cadillac, he wrote the majority opinion that a state lien law permitting garage operators to satisfy an overdue bill by auctioning off the delinquent customer's car constituted a state deprivation of property without due process of law under the State Constitution.

Legacy

A number of events and places have been named in his honor, including the Annual Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium and the Lawrence H. Cooke Sullivan County Courthouse. His name is also attached to several awards given to law students and lawyers.

Sources

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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