Commemorating the One-Year Anniversary of Oral Arguments Before the Appellate Division, First Department for the First Time by an All-Female African-American Bench

(From left to right: Justice Bahaati Pitt-Burke, Justice Troy K. Webber, Presiding Justice Dianne T. Renwick, Justice Tanya R. Kennedy, and Justice Marsha D. Michael.)

In honor of Black History Month and Women’s History Month, the Minorities in the Profession Committee of the New York City Bar Association is commemorating the one-year anniversary of oral arguments being held before the Appellate Division, First Department for the first time by an all- female African American bench. The bench was comprised of Presiding Justice Dianne T. Renwick, Justice Troy K. Webber, Justice Tanya R. Kennedy, Justice Bahaati Pitt-Burke, and Justice Marsha D. Michael. The Minorities in Profession Committee interviewed the following Justices to reflect on this momentous occasion.

Presiding Justice Dianne T. Renwick

1. This is the one-year anniversary of the all-female African American bench hearing oral arguments for the Appellate Division of the First Department of the State of New York. Explain what it means to you.

As Presiding Justice, in my opening remarks, I noted that this historic event was fittingly taking place during Black History Month.  The Appellate Division heard its first appeal in 1896-26 years after Black men were granted the right to vote and 20 years before Women were granted that same right as well as when law schools still did not allow admission to People of Color.   I explained that “[t]his day would have been difficult to imagine even a generation ago.” In fact, representation of Women and People of Color on the Court was severely lacking for most of the history of this prestigious institution.  At the conclusion of 2007, just before my appointment to the Appellate Division, First Department, there was a single female justice; the remaining justices were all men, including only three justices of Black, Latino, and Asian descent, respectively.  It was not until 2008 that Governor Patterson appointed two or more Black justices on the First Department Appellate Division Bench. To see five African American Women of Color hearing oral arguments on the First Department Appellate Division Bench sixteen years later in 2024 shows the progression being made in representation for Women and People of Color in this prestigious Court. In fact, I am the first Woman of Color to serve as Presiding Justice of any Appellate Division in the state, and only the second Woman to lead the First Department since its creation in 1894.

2. Please provide us with some insight on your background. Where did you grow up and how did your upbringing influence your interest into the legal profession?

I am a lifelong resident of the Bronx.  When I was young, I participated in the Girl Scouts of the USA, which taught me what it means to be an involved citizen. It was through this group that I became actively engaged in the practice of civic responsibility and began to understand the principles of citizenship—the importance of volunteering in our community, regularly voting, and communicating with our local leaders and fellow citizens on issues of concern.  This sparked my interest in the legal profession.

3. Can you tell us about your career trajectory? What professional experience prepared you to be a judge?

After graduation from Cornell University and Benjamin N. Cardozo School of Law respectively, I began my legal career representing indigent criminal defendants as a staff attorney for the Bronx office of the Legal Aid Society’s Criminal Defense Division. I was invited to join the Federal Defenders as a trial attorney, where I represented criminal defendants before the U.S. District Court for the Eastern District of New York.

I began my judicial career being appointed as a New York City Housing Court Judge in 1997. Later that year, I was elected as a Judge of the Civil Court of the City of New York. In 2001, I was elected as a Justice of the Supreme Court of the State of New York. In 2008, Governor David Patterson appointed me to the Appellate Division, First Department, making me the first Woman of Color, and the fourth Woman, ever to join the Court. I served as an Associate Justice until March 2023, when I became an Acting Presiding Justice, until my appointment as Presiding Justice in June 2023 by Governor Kathy Hochul.  As previously stated, I am the first Woman of Color to serve as Presiding Justice of any Appellate Division in the state, and only the second woman to lead the First Department since its creation in 1894.

4. Why do you think it is important to see diversity reflected in the legal profession and the judiciary? 

“It is fair to say that when the First Department-Appellate Division Court first opened its doors in 1896, most people would not have imagined that the Court would eventually be comprised of such a diverse bench, including judges of Black, Asian, and Latino descent.   “As we know, a judiciary that reflects the makeup of its citizenry not only gains legitimacy in the eyes of the people it is designed to serve, but it also leads to better decision making where various perspectives can be considered in every adjudication. As Maya Angelou wrote, ‘We all should know that diversity makes for a rich tapestry, and we must understand that all the threads of the tapestry are equal in value no matter their color.’

In addition to the other four women on this bench on February 14, 2024, I am grateful to serve with the sisters and brothers on this Court with such diverse background each committed to administering justice efficiently and fairly without fear or favor, bias or prejudice. In fact, we along with the Second Department, are the most diverse Appellate Division departments in the State as well as among the most diverse appellate courts in the country. Indeed, the Women Justices at Appellate Division First Department have become the majority.  On our current bench of 20 justices, 12 are women. Moreover, in 2008, there was only a handful of Black and Latino judges. Now, these two groups comprise nearly half of the composition of the First Department.

It is crucial that we cultivate a breadth of diversity that covers as wide a swath of the community as possible, including Blacks, Asians, Latinos, LGBT+ individuals, Indigenous Peoples, those with disabilities, and religious minorities. By increasing opportunities for individuals from historically underrepresented communities to join the legal profession, this pool of talent will likely flow into the judiciary as well. Ultimately, if our judiciary fails to reflect the diverse makeup of our citizenry, it loses legitimacy in the eyes of the people it is designed to serve. And that is something that should concern all of us.

Justice Troy K. Webber

1. This is the one-year anniversary of the all-female African American bench hearing oral arguments for the Appellate Division of the First Department of the State of New York. Explain what it means to you.

At the time I really did not appreciate or grasp the enormity of the event. It was not until after the sitting when I received emails and text messages applauding the event. Then, the photographs hit the internet, and I received emails from individuals I knew but I had not heard from in years, as well as perfect strangers, who expressed how proud they were. It was the messages I received from Black female high school, college and law students— all who stated how important it was to them to see a Black female in such a position. It is important to remember that you never know the impact you make on the lives of others.  I will add that I did not receive any negative messages.

2. Please provide us with some insight on your background. Where did you grow up and how did your upbringing influence your interest into the legal profession?

I grew up in the South Bronx, as an only child.  My father died when I was 12 years old, so it was only my mother and me.   Prior to his death, my father owned a grocery store in the Bronx and a few months after his death, I came home and found a court summons attached to the apartment door (I still have a copy of the summons). He, and consequently my mother, was being sued by an oil company for outstanding payment. Watching my mother stress about the lawsuit as she had to take time off from work as an executive secretary at a department store in Manhattan and try to find an attorney to represent her, caused me to decide to go to law school in order to help individuals such as her obtain legal representation.

3. Why did you want to become a judge? Can you tell us about your career trajectory? What professional experience prepared you to be a judge?

After law school I worked as an assistant district attorney at the Manhattan District Attorney’s Office. I then clerked for 2 years for a Black male-New York State Court Judge, William J. Davis. Judge Davis became my mentor and was the individual who encouraged me to become a judge. Prior to my position with him, I never dreamed of joining the bench. I have been a judge for 31 years.

4. Why do you think it is important to see diversity reflected in the legal profession and the judiciary?

As a practicing attorney, an assistant district attorney and as a judge, it has been clear that there is implicit (and now explicit bias) in the legal profession. As co-chair of the Franklin H. Williams Commission, it has also been clear that diversity in the legal profession and on the bench is paramount.  It is important that litigants and other court users see individuals who look like them when they come to court. When there is a lack of diversity, there is a perception, right or wrong that the system is not fair. That is not to say that I, as a Black female judge would decide a case differently when a Black litigant is involved as opposed to a non-Black litigant. What is means is that I may have a greater understanding of the issues presented and would be less likely to simply dismiss the matter out right.

Justice Tanya R. Kennedy

1. This is the one-year anniversary of the all-female African American bench hearing oral arguments for the Appellate Division of the First Department of the State of New York. Explain what it means to you.

I was honored to be a part of the first all-Black female Appellate Bench hearing oral arguments for the First Department. This historic milestone in the Court’s 130-year history was a significant moment. It was the first time in this Court’s history, as well as that of this state, that a Black Woman served as Presiding Justice. Our presence that day was not just a challenge to the traditional narrative of who holds power in the legal profession but a beacon of hope for future generations of Black girls and women, inspiring them to envision themselves in spaces where they have long been overlooked.

2. Please provide us with some insight on your background. Where did you grow up and how did your upbringing influence your interest into the legal profession?

I am the product of the New York City public school system and a single-parent household whose mother worked two jobs during my early childhood and made several sacrifices to ensure that I knew life existed beyond the Bronx (which is affectionately known as the birthplace of hip-hop), where I grew up.

I was known as a latchkey kid who returned home from school with a key and stayed alone until my mother arrived home from work. When I came home, there was usually a can of Chef Boyardee Brand Ravioli or Spaghetti O’s or a box of Mrs. Paul brand fish sticks for me to warm up and eat until my mother returned to cook dinner.

I am forever grateful to my 83-year-old mother, a woman of faith who came from humble beginnings and advanced from an entry-level position at American Express to a Senior Executive Customer Relations Representative in the Chairman’s Office, traveling throughout the U.S. and the world to train other employees in Customer Service protocols.

My mother and my deceased maternal grandmother served their community and church, and I followed that tradition. These women along with my church have not only supported me but has also instilled in me the importance of faith, community, education, and possessing a strong sense of self.

I attended Penn State University, majored in Advertising, and was fortunate to secure internship opportunities at Burson-Marsteller, a renowned public relations firm in New York, and in the external affairs department at Dupont in Wilmington, Delaware. While I wanted to be an attorney and pursue a career in public service since childhood, my initial plan was to make my mark on Madison Avenue and work in advertising/public relations/fashion and then attend law school.  However, once I could not obtain a job on Madison Avenue, I accelerated my plan to apply and attend law school.

3. Why did you want to become a judge? Can you tell us about your career trajectory? What professional experience prepared you to be a judge?

My former supervisor at the Bronx Torts Office of the New York City Law Department, Office of the Corporation Counsel (Corporation Counsel), Betty Lawrence Lewis, told me that I would become a judge, and I laughed because I did not see myself in that role. At that time, I did not know any judges or how to become a judge. I often share this story with audiences because it is a perfect example that people usually see things you do not see in yourself. I always encourage others to speak into the lives of others to inspire and encourage them.

I did not consider becoming an appellate judge until an attorney approached me during a bar association event. The attorney asked if I had considered applying to my current court. I answered honestly, “No,” because I never saw myself in that role. The attorney mentioned that my name came up in a conversation, and they wished to introduce me to someone who encouraged me to apply during a lunch meeting.  I left that meeting inspired and determined to apply. I am happy to announce that July 2025 will make five years since I joined this esteemed court. This example illustrates the importance of joining and participating in Bar Associations.  As I always say, “opportunities happen when you show up.”

Before becoming a judge, I was an Assistant Corporation Counsel in the Bronx Family Court Division of the Corporation Counsel, and in the Bronx Torts Division, where I was promoted to a Tort Trial Specialist and then to a Deputy Assistant Chief in the Pre-Trial Unit. I left Corporation Counsel to become a Principal Law Clerk to Hon. Barry A. Cozier (Ret.) when he was assigned to the Commercial Division in New York County Supreme Court and when he was appointed to the Appellate Division, Second Department. I was also active in the Metropolitan Black Bar Association, the Association of Black Women Attorneys, the New York City Bar Association, my law school (Cardozo) alumni association, and other community-based organizations.

4. Why do you think it is important to see diversity reflected in the legal profession and the judiciary? 

Diversity in the legal profession and the judiciary is essential for maintaining public confidence in the justice system. When courts mirror the demographics of the society they serve, it enhances trust, legitimacy, and a sense of fairness among the people whose lives are directly affected by judicial decisions. Judicial diversity also promotes more equitable outcomes, as judges with varied backgrounds can identify and address systemic biases that might otherwise go unnoticed. A judiciary that reflects the full spectrum of society affirms that justice should be accessible, impartial, and inclusive for all. When lawyers from diverse backgrounds argue before appellate courts, they bring multiple lived experiences and insights into the courtroom. When students and young attorneys see people who look like them or share similar backgrounds and experiences arguing before appellate courts, it signals that they can do the same. However, the absence of diversity perpetuates the false notion that certain practice areas are considered elite and unattainable. I always say, “To be it, you have to see it.”