Lawrence H. Cooke
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Lawrence Henry Cooke (October 15, 1914,
Monticello Monticello ( ) was the primary plantation of Founding Father Thomas Jefferson, the third president of the United States, who began designing Monticello after inheriting land from his father at age 26. Located just outside Charlottesville, V ...
,
Sullivan County, New York Sullivan County is a county in the U.S. state of New York. As of the 2020 census, the population was 78,624. The county seat is Monticello. The county's name honors Major General John Sullivan, who was labeled at the time as a hero in the Am ...
– August 17, 2000, Monticello, Sullivan Co., NY) was an American lawyer and politician from
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. He was
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. They are also known as the Chief Judge of New York. The chief judge supervises the seven-judge Court of Appeals. In addition, th ...
from 1979 to 1984.


Life

He was the son of George L. Cooke and Mary E. (Pond) Cooke. He graduated from
Monticello High School (New York) Monticello High School is a four-year public high school in Monticello, New York. According to state test scores, 93% of students are at least proficient in math and 92% in reading. Notable alumni * Stephanie Blythe opera singer * Lawrence H. Co ...
, from
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
in 1935, and from the
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association and has an affiliation agreement with University at A ...
in 1938. After opening a law office in Monticello in 1939, he was elected Supervisor of the Town of Thompson 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 The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
, and was appointed to the Appellate Division in 1968. In
1972 Within the context of Coordinated Universal Time (UTC) it was the longest year ever, as two leap seconds were added during this 366-day year, an event which has not since been repeated. (If its start and end are defined using Solar time, me ...
, he ran for the Court of Appeals on the Democratic and
Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
tickets but was defeated. In
1974 Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; f ...
, he and
Jacob D. Fuchsberg Jacob David Fuchsberg (June 14, 1913, Manhattan, New York City – August 27, 1995, Port Chester, Westchester County, New York) was an American lawyer and politician. He was elected to the Court of Appeals as an associate judge in 1974, and r ...
were the last two judges elected to the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by t ...
. In 1977, a constitutional amendment made the judgeships appointive. He was the first
Chief Judge A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...
appointed by the Governor. He was nominated by Governor
Hugh L. Carey Hugh Leo Carey (April 11, 1919 – August 7, 2011) was an American politician and attorney. He was a seven-term U.S. representative from 1961 to 1974 and the 51st governor of New York from 1975 to 1982. He was a member of the Democratic Party. ...
on January 2, 1979, and confirmed by the
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...
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 opinions

*In '' In re Rothko'', he wrote the court's opinion finding that the executors of the estate of abstract expressionist painter
Mark Rothko Mark Rothko (), born Markus Yakovlevich Rothkowitz (russian: Ма́ркус Я́ковлевич Ротко́вич, link=no, lv, Markuss Rotkovičs, link=no; name not Anglicized until 1940; September 25, 1903 – February 25, 1970), was a Latv ...
violated their
fiduciary duties A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...
to the beneficiaries of Rothko's estate. *In '' People v. Rogers'', 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 A shield is a piece of personal armour held in the hand, which may or may not be strapped to the wrist or forearm. Shields are used to intercept specific attacks, whether from melee weapon, close-ranged weaponry or projectiles such as arrows, ...
permits a
reporter A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
who has been called before a
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
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 th
Annual Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium
and th

His name is also attached to several awards given to law students and lawyers.


Sources



Political Graveyard

Listing of Court of Appeals judges, with portrait

Obit in NYT on August 19, 2000, Tribute to Chief Judge Lawrence H. Cooke, 1914–2000, by Vincent Martin Bonventre, Albany Law Review, vol. 64, page 1, (2000) {{DEFAULTSORT:Cooke, Lawrence Henry 1914 births 2000 deaths New York Supreme Court Justices Chief Judges of the New York Court of Appeals Albany Law School alumni People from Thompson, New York Georgetown University alumni People from Monticello, New York 20th-century American judges Monticello High School (New York) alumni New York State Supreme Court, Appellate Division, Third Department justices