Articles

Profile of the Hon. James M. McGuire, Justice of the Supreme Court of the State of New York

By Michael Goldsmith

Newly elected State Supreme Court Justice James M. McGuire comes to the Queens County Judiciary with a vast amount of high-level private sector and public service experience.

Justice McGuire was born in Boston, and was raised in Northport, Long Island.

The Supreme Court Justice graduated Magna Cum Laude from Fordham College in 1975, with a degree in philosophy. He also minored in economics, and had a “passion for playing intramural basketball.”

After college, Justice McGuire spent the next two years working in the commodity and futures business. During that period, he tried to decide between pursuing a graduate degree in economics, philosophy, or attending law school. Ultimately, practical considerations took over, and he embarked upon a career in law.

Justice McGuire graduated cum laude from Cornell Law School in 1980, and was admitted to the bar shortly thereafter.

The newly minted attorney began work at the Manhattan District Attorney’s Office for District Attorney Robert Morgenthau. For the next five years Judge McGuire prosecuted criminal cases and handled all phases of criminal proceedings, from Grand Jury presentations to jury trials and appeals.

In September 1985, Justice McGuire entered into the private sector, becoming a litigation associate at Skadden, Arps, Slate, Meagher and Flom, LLP. “During that period, mergers and takeover activities were proceeding at a frenetic pace,” said the Judge. Justice McGuire practiced in litigation matters relating to mergers and acquisitions, as well as general corporate disputes. He also handled some white-collar criminal defense work.

Judge McGuire re-entered public service as a Deputy Counsel to the New York State Commission on Government Integrity, more familiarly known as the Feerick Commission, named after its Chairman Dean John Feerick, Dean at Fordham Law School.

While serving on the Commission, Judge McGuire conducted and supervised investigations and handled litigation brought by and against the Commission, which was established by Governor Mario M. Cuomo to investigate and make recommendations on laws relating to government integrity. Judge McGuire spent a great deal of time examining potential weaknesses in campaign finance matters, and investigating ways to strengthen campaign finance laws.

At the conclusion of the Commission’s term in 1989, Judge McGuire went back to the District Attorney’s Office as a senior member of Robert M. Morgenthau’s prosecutorial staff, serving as a Deputy Chief of the Appeals Bureau. In that capacity, Judge McGuire supervised the forty lawyer Bureau and edited and argued appeals before State and Federal Appellate Courts. He also served as the senior investigative counsel to the Racket’s Bureau, where he conducted and supervised investigations and trials involving official corruption and organized crime.

“I have been blessed,” said Judge McGuire. “I have had fantastic jobs in the public sector, and I was particularly fortunate to have had the chance to learn from so many superb lawyers at the Manhattan District Attorney’s Office.”

Judge McGuire’s next job offered him even greater challenges. In 1995 he was named First Assistant Counsel to Governor George E. Pataki. As such, he was responsible for criminal justice, judicial and other legislative matters, as well as serving at ethics officer for the executive chamber. In his capacity as First Assistant Counsel, Judge McGuire helped to draft criminal justice legislation including the death penalty and the Sentencing Reform Act of 1995, and was involved in all significant criminal justice legislation during that period. In addition, he also acted as counsel to the Governor’s Judicial Screening Committee and was responsible for legislation that effected the judiciary.

From 1997 until February, 2003, Justice McGuire served as Chief Counsel to the Governor. In that position “my portfolio was considerably broader. I was the Governor’s principal legal advisor. It was like being the Chief Legal Officer of a multi-billion dollar corporation, with all the added responsibility of legislation.”

In the press release announcing Judge McGuire’s appointment, Governor Pataki said “Jim McGuire has been part of many of the major decisions that I have made since taking office, playing a particularly vital role in our historic success in fighting violent crime in New York. He has a sharp, creative mind, an incredible work ethic and the highest ethical standards I know. I can count on him as he takes on this new challenge.”

In the same press release, Justice McGuire is quoted as saying “Governor Pataki has given me the opportunity of a lifetime. I look forward to working with Governor Pataki to build on his incredible record as we continue to crack down on violent crimes, strengthen our domestic violence laws, protect and enhance our environment and create new jobs. I want to thank the Governor for this opportunity. It is an honor to serve as his counsel.”

Justice McGuire, upon reflecting back at his time serving the Governor recalls “working at the Governor’s office was an enduringly fascinating place to work. It is the intersection of law and politics.”

In 2003, Justice McGuire went back to the private sector, as counsel at White & Case, LLP, wherein he engaged in civil and criminal litigation, including complex commercial litigation, white collar criminal defense, securities and regulatory matters.

Justice McGuire was elected to the Supreme Court in November 2004, and began serving on January 3, 2005. He currently presides in Part K-8 in Kew Gardens.

“I became interested in serving on the bench roughly at the time of my leaving Governor Pataki’s office, and the opportunity to run for election arose while working at White & Case,” said Justice McGuire. “I was always interested in the judiciary, and the role of the courts in our society. I am grateful to the people of Queens County to have given me this opportunity and will work hard to earn their confidence.”

In his spare time, Justice McGuire enjoys reading everything from fiction to history. When asked which periods in history held the most interest for him, the Judge said, “Ancient to medieval to modern.” He added, with a smile, “I’m afraid I’m something of a dilettante.”