A Passion for Justice

Never have I written an opinion for Court of Appeals with greater zeal than I do today, to express boundless admiration for our colleague and friend, Honorable George Bundy Smith. Apart from explicit invitation to submit a short piece, two considerations limit length and extravagance of this tribute. The first is our tradition of lean, temperate writing. The second--even more important--is that a profile should suit its subject, in this case a gentle, modest, self-effacing, unassuming individual, who never uses three words when two will do. And although he describes his twin sister--District of Columbia Court of Appeals Judge Inez Smith Reid--as the quiet one, anyone who knows Judge Smith would immediately appreciate that gushy, hyperbolic prose is not high on his list. He will, however, have to tolerate a bit of it in order for this writing to do him justice. Doing justice, after all, is high on his list, and ours. Indeed, Judge Smith's entire life has been committed to pursuit of justice, assuring fairness, inclusiveness and equal opportunity--whether by his own active participation in civil rights movement, (1) or by mentoring and opening doors for countless others, or by his long advocacy for equity in electoral process, (2) to give but a few examples. His deep and abiding passion for justice is matched only by his passion for hard work to secure it. From his earliest years, (3) he has never been content to rely on his innate brilliance, and here we again offer three examples. The first is his astounding post-high school academic achievement--Certificate of Political Studies, Institut d'Etudes Politiques, Paris; B.A., Yale University; L.L.B., Yale Law School; Master's Degree in Political Science and Ph.D. in Government, New York University; Master's Degree in Judicial Process, University of Virginia Law School. As a second example of his work ethic we point to his constant companion--an armload of briefs and records to read. Always he is consummately prepared, last of us to leave courthouse, in wee hours of morning. And third, we cite his devotion to teaching, (4) lecturing, writing, (5) law school and bar association moot-court judging, as well as to his church and alma maters, in addition to a heavy docket of court commitments. No wonder, then, that this extraordinary individual chose a career in law, or that he initially put his abundant skills as an attorney to work for NAACP Legal Defense and Education Fund, later as Law Secretary for three different state court judges, and as Administrator of Model Cities for New York City, a federally funded program designed to improve quality of life in urban areas. No wonder that, after illustrious service on Civil Court of City of New York and Supreme Court of State of New York (trial and Appellate Divisions), he was on August 24, 1992 nominated by Governor Mario M. Cuomo for State's highest court, where he has served for past twelve-plus years with great distinction, currently as Senior Associate Judge. His several hundred opinions for Court of Appeals are characteristically thoughtful and lucid, product of his prodigious effort to reach just result and express it precisely, clearly and convincingly. No wonder, then, that matters of constitutional dimension that come before Court of Appeals are of special interest and concern to this remarkable jurist, and that he would meticulously evaluate and elucidate various federal and state grounds presented by parties. …