S

• Author: Elizabeth Smith/Mark Thompson
• Pages: 225-298

SACKETT, ROBERT A.

Justice, Twelfth Judicial District Supreme

Court, Bronx County

Appointment/Election: Elected in 2003;

certificated in 2012; current term expires

December 31, 2013.

Address: Bronx County Hall of Justice

265 East 161st Street

Room 940

Bronx, NY 10451

Phone: (718) 618-3666

ATTORNEYS’COMMENTS

TEMPERAMENT/DEMEANOR

Judge Sackett was described as “thought-

ful,” “extremely pleasant,” and “friendly.” One

attorney said the judge is “always courteous to

[anyone who appears] before him.” Others said

he is “the nicest guy,” and has “eccentric but

sort of charming ways.” One attorney said his

demeanor has a “Dickensian quality” to it.

Virtually all respondents agreed that this

would be an ideal judge for an inexperienced

attorney to appear before as he goes out of

his way to ensure that a defendant will not

be compromised (or unduly rewarded)

because of an error by counsel. If he feels

that an attorney could use some pointers or

direction on law or procedure, he will impart

such in “the nicest way.” The judge never

criticizes anyone in open court or on the

record. Instead, he will call counsel to the

bench to give them tips or direction.

ON THE BENCH

Judge Sackett received positive remarks

from all respondents. One interviewee said the

judge “seems truly caring about everyone’s

interests and feelings.” “[He is] thoughtful and

hardworking.” Judge Sackett is considered

hardworking, “studious” and diligent in his

knowledge and use of the law and gives very

careful consideration to all motions, whether

given orally or in writing. (He entertains both.)

He has been known to reverse himself, even

without argument from the losing side, stating

that he has further considered and researched

the issue and feels he made the wrong deci-

sion. He obviously greatly enjoys legal argu-

ment, so it’s wise to appear before him pre-

pared with some. However, he will not dress

down an attorney for not presenting a thor-

oughly researched point or issue. The

strongest criticism about his bench demeanor

and practice is that often he “just takes too

long.” “He can make many mountains out of

the smallest molehill.” He will muse out loud

as to the merits or weaknesses of an argu-

ment. Sometimes this proves interesting and

enlightening to others waiting in the court-

room, but more often litigants find this less

than scintillating, as they usually have many

other matters elsewhere that they must get to

in a hurry. The obvious positive side of this,

however, is that lawyers realize when they are

finally called, their applications and issues will

be never be brushed over. Respondents report

that trials and hearings are conducted in a

professional, highly serious (yet consistently

pleasant) manner. He lets attorneys set the

pace and take all the time they need. Indeed,

he often slows down the pace if he thinks

important issues are not being delved into

adequately. He will often examine witnesses

himself, and does this in a non-threatening

way, putting them at ease—and without

imparting to counsel that they aren’t being

thorough enough. At a bench trial he has been

known to actually play out the roles of judge

and a “non-existent” jury. He will charge him-

self on the law and then retire to “deliberate.”

It is this sort of unusual activity that attorneys

refer to in their occasional description of him

as offbeat and eccentric. He is usually lenient

in sentencing, and favors a meaningful social

or counseling program for a convicted defen-

dant over a jail sentence.

PROCLIVITIES

Judge Sackett is seen as being fair to both

sides, but is considered to give the defense “the

edge” because he takes such tremendous care

to protect defendants’ rights and make prose-

cutors meet their burden of proof. This some-

times leads to a dismissal of charges that

would have passed muster, or even led to a

conviction, before another judge.

SAITTA, WAYNE P.

Justice, Second Judicial District Supreme

Court, Kings County

Appointment/Election: Elected to the

Supreme Court in 2005; current term expires

in 2018.

Admission: NYS, Appellate Division, First

Department, 1982.

Profiles Saitta 711

Education: New York University School

of Law.

Address: 360 Adams Street

Brooklyn, NY 11201

Phone: (347) 296-1492

ATTORNEYS’COMMENTS

TEMPERAMENT/DEMEANOR

Interviewees seem impressed with Judge

Saitta’s courtroom temperament. Two of

them said, “It’s excellent.” Others opined,

“[His demeanor is] very pleasant,” “It’s fine”

and “It’s wonderful. He treats everyone kindly

and with compassion.”

ON THE BENCH

Lawyers interviewed seem pleased with

Judge Saitta’s legal knowledge. Two of them

said it’s on par with that of his peers. Others

opined, “[His legal acumen is] very good,” “It’s

excellent. He’s a very bright guy” and “It’s

good.” Litigators said Judge Saitta’s court-

room atmosphere is very conducive to trying

cases. Comments included: “It’s between for-

mal and relaxed,” “It’s very relaxed,” “It’s

somewhat relaxed but he still maintains con-

trol” and “[His courtroom atmosphere is]

relaxed and efficient.” A majority of the

lawyers said Judge Saitta moves cases at

about the same pace as his peers. Another

attorney said this jurist moves matters at an

“appropriate” pace. One final member of the

bar opined, “Judge Saitta moves cases a little

faster than the other judges but he still gives

you enough time to argue your case.” All of

the attorneys said Judge Saitta is polite to

each person who enters his courtroom. As

two of them put it, “He’s absolutely polite”

and “Judge Saitta is very courteous to every-

one.” All of the interviewees also said this

jurist usually takes the bench on time.

ONTRIAL

Interviewees believe Judge Saitta pays

close attention to their courtroom presenta-

tions. One lawyer said, “He absolutely listens

closely and keeps an open mind!” Other

members of the bar opined, “Judge Saitta lis-

tens and definitely keeps an open mind” and

“He listens very closely and keeps a very

open mind.” This jurist maintains a positive

courtroom atmosphere. Lawyers described it

as “professional,” “attorney friendly,” “pleas-

ant and professional,” “appropriate” and

“pleasant, professional and comfortable.”

One lawyer who recalled the quality and

timeliness of Judge Saitta’s longer written

decisions in civil matters said, “They’re pretty

insightful and pretty much on time.”

Attorneys said, “Judge Saitta is fair” when it

comes to handling discretionary sentencing

duties in criminal cases.

SETTLEMENTS

Interviewees offered varied opinions about

Judge Saitta’s willingness to help settle

cases. They said, “Judge Saitta stays

reserved and doesn’t get involved with set-

tling cases” and “His involvement varies.”

When asked to rank this jurist’s settlement

skills, two of them opined, “He’s got good

negotiating skills.” Another lawyer said, “His

settlement skills are really strong.” [These

varied opinions are often due to the different

types of cases attorneys take before judges.]

ADJOURNMENTS/CONTINUANCES

Interviewees said Judge Saitta is usually

fair about granting adjournments once good

cause has been demonstrated. Comments

included: “He’s reasonable” about granting

these, “You’ve got an average chance” of get-

ting him to give you one and “Judge Saitta is

very reasonable” about such requests.

PROCLIVITIES

Interviewees seem to appreciate Judge

Saitta’s overall neutrality. Several of them

said his rulings and decisions are “impartial.”

One of these same attorneys added, “He’s

[also] open minded.” The remaining lawyers

opined, “[His rulings and decisions are] very

fair” and “Judge Saitta is fair.”

SUGGESTIONS/SUMMARY

Additional comments include: “[Judge

Saitta is competent when handling] complex

criminal cases.” Another one opined, “Judge

Saitta is quite competent to handle complex

civil cases.” Other litigators opined, “Judge

Saitta is a very hard-working guy,” “He inter-

acts well with jurors” and “Judge Saitta is a

high-caliber judge and a credit to the

bench.” Interviewees seem very impressed

with Judge Saitta’s skills and abilities. He

maintains a pleasant courtroom atmosphere

and treats everyone with dignity and com-

passion. Attorneys also seem to appreciate

this jurist’s overall impartiality and willing-

ness to listen closely to their arguments and

keep an open mind.

712 Saitta New York Judge Reviews

SALMAN, BARRY

Justice, Second Judicial District Supreme

Court, Bronx County

Justice, First Judicial District Supreme

Court, Bronx County

Administrative Judge, Twelfth Judicial

District Supreme Court, Civil Term,

Bronx County

Appointment/Election: Appointed to

Supreme Court, May 1990; elected in

November 1990; reelected in November 2004;

current term expires December 2018.

Certificated Supreme Court Justice, Second

Judicial District, Jan. 2013-Dec. 2014.

Previous Experience: Certificated

Supreme Court Justice, First Judicial District,

Jan. 2011-Dec. 2012; Administrative Judge,

Twelfth Judicial District Supreme Court, Civil

Term, Bronx County, Nov. 2005-Dec. 31,

2010; Judge, Civil Court, City of New York,

1977-1990; also served as Councilman, New

York City, 1970-1977; Law Secretary to Hon.

Alvin Klein, 1967-1970; Private practice, Barry

Salman, 1970-1977; Lyman & Mega, 1965-

1967. United States Army Reserves, 1962-

1968, honorable discharge; Major, Armed

Forces of the State of New York, 1994-present.

Honors and Memberships: Member:

Association of Trial Lawyers of America, Bronx

County Bar Assn; New York State Bar Assn

Judicial Member; Hall of Fame Member, Hunter

College, City University of New York;

Christopher Columbus High School, New York;

Chairman, Paralegal Advisory Board, Lehman

College; American Cancer Society and recipient

of the Meritorious Service Award; Bronx

Division (Chairperson Emeritus); St. John’s

Law School, University Council and Board of

Directors of Alumni Assn; Moot Court Judge,

ATLA Student Trial Advocacy; Who’s Who in

American Law (various editions). Received:

Benjamin Cardozo Award, Jewish Lawyer’s

Guild (2006); Recognition Award, Bronx County

Bar Assn. (2006); Lincoln Citation Award, John

F. Kennedy Library for Minorities.

Admission: Admitted to New York Bar in

December 1965, 1st Department; Supreme

Court of the United States, November,

1970; U.S. District Court, Southern and

Eastern Districts of New York, 1972.

Teaching/Lectures/Publications:

Adjunct professor: Lehman College, City

University of New York; Bronx Community

College, City of New York; College of New

Rochelle; Lectured for New York State Trial

Lawyers Association and Bronx County Bar

Assn; Committee on Continuing Education;

OCA Judicial Seminars; Thurgood Marshall

Junior Mock Trial Competition. Publications:

The Grand Jury, Bronx County Bar

Association, Spring 1985/86; The “911”

Dilemma, Bronx County Bar Association,

March 1989; Use of Deposition, Bronx

County Bar Association, Spring 1981; The

Nature of Assumption of Risk, Bronx

Advocate 1993; Discovery of Medical Records

under HIPPA; The Exchange, Bronx County

Bar Association, September 2004; Keep Vigil

on Picking Judges, N.Y. Law Journal, 2006;

Bronx Summary Trials Reach Milestone, The

Advocate, Bronx Bar Assn.; 2007.

Education: J.D., St. John’s University,

New York, NY (1965); B.A., Hunter College,

City University of New York (1962).

Biographical Data: Born May 1940, New

York, NY.

Recent Decisions: Antonetty v. Cuomo

(Civil rights claim against the Governor of New

York and others); People v. Almodover

(Justification defense/possession of a weapon);

Aquino v. City of New York (Fireman’s Rule

sustained against City); Cabey v. Goetz (Civil

claim against subway shooter by victim); Blake

v. Neighborhood Housing (defense of sole proxi-

mate cause in a labor law case).

Words From the Judge: “Law is a profes-

sion and, therefore, lawyers should always

act in a professional and courteous manner.

They should always be prepared to present

their case whether it be on papers or for oral

presentation. Lawyers should always remem-

ber that they are advocates for their clients

and not adversaries to each other.”

Address: Bronx Supreme Courthouse

851 Grand Concourse

Room 825

Bronx, NY 10451

Phone: (718) 618-1444 (chambers)

Secretary: Gisell Rodriguez

ATTORNEYS’COMMENTS

TEMPERAMENT/DEMEANOR

Litigators report that Judge Salman is more

of a “regular guy” than most judges are, and

Profiles Salman 713