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Bernard Botein papers

Call Number

MS 68

Date

1929-1975 (bulk, 1968-1973), inclusive

Creator

Botein, Bernard

Extent

10 Linear feet (25 boxes)

Language of Materials

The documents in the collection are in English.

Abstract

The Papers consist of originals and copies of primary and secondary materials that document the service and activities of Judge Bernard Botein, a prominent Supreme Court Justice of the State of New York (1941-1968) and active court reformist, primarily in the years after his resignation from the Supreme Court. The collection largely presents materials relating to his participation in various legal, civic, philanthropic and political organizations and on committees and taskforces, significantly on the causes of court reform and reform of criminal justice administration. The collection also includes a significant number of manuscripts and drafts of his orations and legal writings; correspondence, including letters from prominent members of the legal and political communities; as well as photographs and other visual materials relating his legal career. The collection also contains published materials including a number of legal publications and official legislative documents.

Biographical Note

Bernard Botein (1900-1974) was a principal leader in New York City's legal establishment. A Supreme Court Judge for the State of New York and a dedicated court reformist, Judge Botein was known for his work that liberalized and improved procedures in court administration.

Born on Manhattan's Lower East Side, Bernard Botein attended Morris High School, The City College of New York and Brooklyn Law School before beginning his legal career in 1929 as an Assistant District Attorney in Manhattan in the Accident Fraud Bureau and as General Attorney for the State Insurance Fund in 1938. During this time he distinguished himself producing many successful convictions for the Bureau, as well as for several State investigations pertaining to state insurance and printing contracts. Serving the State Supreme Court, Botein was elected and served as Associate Justice (1953-1958), and later Presiding Justice of the Appellate Division, First Department for Manhattan and the Bronx (1958-1968). It was during this time that he developed his reputation as an innovative administrator and passionate advocate of reform. Accomplishments include the 24-Hour Arraignment System, a system that lessened the time defendants would spend in police custody, and the centralization of the court system of the State. A strong advocate for equality under the law and the underprivileged, Botein's work frequently benefited defendants most affected by inequality experienced in the administration of criminal justice.

In 1968, Botein retired after 27 years on the bench. He became leading partner in the law firm of Botein, Hays, Sklar and Herzberg and President of the Association of the Bar of the City of New York (1970-1972). He continued to serve the cause of court reform and was an active participant in numerous legal, civic, political, and philanthropic organizations and on a variety of committees and task forces. He was active in organizations such as the Vera Institute of Justice, the Legal Aid Society and the New York City Rand Institute, as well as the Jewish Association for Services for the Aged and participated in several groups such as the Temporary Committee on Black-Jewish Relations. In politics, Botein was Co-Chairman of Frank S. Hogan 1973 District Attorney Campaign, active in the campaigns of George McGovern and Mayor John V. Lindsay and was one of the sponsors of a lawyer's protest in 1970 against the Vietnam war.

An accomplished writer and orator, Botein contributed a significantly to the legal field, addressing many in the legal community and publishing numerous legal papers including several novels such as the Trial Judge (1952) and The Prosecutor (1956). In his writings, Botein covered issues such as judicial administration, court reorganization, court modernization, legal aid and pretrial release practices.

Bernard Botein was married to Marian Berman Botein in 1940 and had two sons. He died in 1974 at the age of 74.

Arrangement

The collection is arranged in six series:

Series I. Organizational Files

Series II. Speeches, Addresses and Writings

Series III. Correspondence

Series IV. Subject Files

Series V. Photographic and Visual Materials

Series VI. Memorials and Memorial Addresses

Most of the material is arranged chronologically within series, except Series I and Series IV, which are arranged alphabetically.

Scope and Content Note

The Bernard Botein Papers consists of originals and copies of primary and secondary materials that document the service and activities of Bernard Botein in the years of private practice following his resignation as Supreme Court Justice.

The collection centers around Botein's efforts in over forty-two legal, civic, philanthropic and political organizations and on committees and taskforces on various reformist causes, significantly in the areas of court reform and reform of criminal justice administration in the State of New York. Materials include correspondence, reports, proposals, preparatory materials for studies and research, newspaper clippings and other printed materials including copies of legal publications and legislative documents. The collection presents information on the investigative, commemorative and administrative activities of these groups. Organizations of attorneys, judges and legal educators are represented, as well as community organizations like the Jewish Association for Services for the Aged (JASA), and a number of committees relating to court administration. Information regarding Botein's participation in the political campaigns of George McGovern, John V. Lindsay and Manhattan District Attorney Frank Hogan can be found here.

The collection also contains over eight-six of Bernard Botein's orations and legal writings in the form of manuscripts and often annotated draft texts that include addresses, statements, articles, proposals, reports and studies, as well as associated notes and correspondence, and relate to his service with various organizations, committees and taskforces. It includes press releases during Botein's appointment as Presiding Justice of the Appellate Division, First Department for Manhattan and the Bronx (1958-1968), and copies of published works represented in a number of legal journals and newsletters, such as New York Law Journal and Journal of the American Judicature Society.

Additional materials consists of correspondence, including congratulatory letters from prominent members of the legal and political communities, professional invitations, as well as Botein's letters of support to individuals; black and white photographic prints that encompass the length of Botein's career (1929-1971), with several depicting Botein alongside prominent legal and political figures; documents concerning the 1969 documentary, The True and The Just commissioned by the Department Committee on Court Administration; and documents pertaining to memorials in honor of Bernard Botein including manuscripts of memorial addresses by colleagues Honorable David W. Peck and Whitney North-Seymour and several articles addressing Botein's legal career.

Access Restriction

Open to qualified researchers.Materials in this collection may be stored offsite. For more information on making arrangements to consult them, please visit www.nyhistory.org/library/visit.

Use Restrictions

Taking images of documents from the library collections for reference purposes by using hand-held cameras and in accordance with the library's photography guidelines is encouraged. As an alternative, patrons may request up to 20 images per day from staff.

Application to use images from this collection for publication should be made in writing to: Department of Rights and Reproductions, The New-York Historical Society, 170 Central Park West, New York, NY 10024-5194, rightsandrepro@nyhistory.org. Phone: (212) 873-3400 ext. 282.

Copyrights and other proprietary rights may subsist in individuals and entities other than the New-York Historical Society, in which case the patron is responsible for securing permission from those parties. For fuller information about rights and reproductions from N-YHS visit: https://www.nyhistory.org/about/rights-reproductions

Preferred Citation Note

This collection should be cited to the Bernard Botein Papers, MS 68, The New-York Historical Society.

Location of Materials

Materials in this collection may be stored offsite. For more information on making arrangements to consult them, please visit www.nyhistory.org/library/visit.

Immediate Source of Acquisition

Gift of Mrs. Marian Botein, 1975.

Related Materials

The Library of the Association of the Bar of the City of New York holds a number of published and translated volumes of several of Botein's manuscripts, as well as a number of artifacts.

Collection processed by

Emma Curtis

About this Guide

This finding aid was produced using ArchivesSpace on 2023-08-21 15:46:20 -0400.
Language: Description is written in English

Processing Information

Collection processed by Emma Curtis. Machine-readable finding aid was created by Emma Curtis.

Repository

New-York Historical Society
New-York Historical Society
170 Central Park West
New York, NY 10024