By Jeremy Murphy
At Aidala, Bertuna & Kamins, P.C., the Honorable John M. Leventhal brings over four decades of legal experience to the firm’s most complex matters. A retired jurist, Leventhal is a partner at the firm, focusing on appellate law, civil and criminal litigation, trusts and estates, and guardianships.
Since joining the firm following his retirement from the bench in 2021, Leventhal has become a key member of what he describes as a “deep appellate bench.” He argues appeals, contributes to appellate briefs, assists on complex legal issues, and mentors younger lawyers. “Since January, I’ve argued four appeals,” Leventhal says. “One in the Second Circuit, one in the Court of Appeals, and two in the Second Department. I contributed to all four of the briefs.”
The work allows him to continue doing what he loved most during his judicial career: tackling intellectually challenging legal issues.
Known throughout New York as one of the most thoughtful and compassionate jurists, Leventhal now uses his experience to help shape legal strategy and strengthen the firm’s appellate practice.
From the Classroom to the Courtroom
His remarkable legal journey began far from the courtroom. Raised in Riverdale, Leventhal earned a bachelor’s degree in psychology from Case Western Reserve University before teaching middle school mathematics in the South Bronx. He later received a master’s degree in Urban Affairs from Hunter College and considered pursuing a doctorate in urban sociology.
Then a constitutional law course changed everything. “I took this course with Edwin Margolis, who was counsel to the legislature,” Leventhal recalls. “I was smitten.” Within days, he had taken the LSAT and decided to attend law school.
Leventhal attended Brooklyn Law School at night while working as a grievance director for a labor union. His path into the profession was unconventional, but it laid the foundation for a career defined by public service, scholarship, and enduring fascination. “I always loved the law, and I continue to love the law,” he says.
After graduating and serving as a legal clerk, Leventhal entered private practice before becoming counsel to the Brooklyn Democratic Party. In 1994, he was elected to the New York State Supreme Court in Kings County. It was there that he would make legal history.
Changing the Way Courts Saw Domestic Violence
Leventhal was selected to preside over the nation’s first felony Domestic Violence Court, an initiative that transformed the way courts addressed domestic abuse cases. At a time when domestic violence was often overlooked, the court introduced innovative methods to improve accountability while protecting victims.
The program attracted international attention, with judges and court administrators traveling from around the world to observe its operation. Leventhal later chronicled those experiences in his 2016 book, My Partner, My Enemy: An Unflinching View of Domestic Violence and New Ways to Protect Victims. His work earned widespread recognition, including a Special Commendation from the U.S. Department of Justice for his contributions to violence prevention against women and improved judicial oversight of domestic violence offenders.
In 2008, Governor Eliot Spitzer appointed Leventhal to the Appellate Division, Second Department, where he spent the next 13 years hearing appeals from trial courts throughout New York’s largest judicial department. As an appellate judge, he authored influential decisions on constitutional law, scientific evidence, discrimination, and criminal procedure. “I was the first judge in New York to find that there was a freestanding claim of actual innocence under the New York State Constitution,” he says about one of his most notable contributions. His opinions would later be cited by courts across the country and discussed extensively in legal scholarship.
A New Chapter in Appellate Advocacy
Even after retiring from the bench in 2021, Leventhal never considered stepping away from the law. “You never stop learning,” he says. “When you stop learning, then it’s time to retire.”
That philosophy helps explain why he remains so active at the firm today. He continues to bring the same intellectual curiosity that defined his judicial career. Just as important, he says, is the firm’s culture. “I love the camaraderie,” Leventhal says. “That’s why I enjoy going to work.”
He also appreciates the firm’s willingness to take on challenging and sometimes unpopular cases, a principle he traces back to his legal hero, John Adams, who defended British soldiers following the Boston Massacre. “He believed in the right to counsel,” Leventhal says. “That was the most important service he believed he gave his country.”
It is a philosophy that resonates deeply with Leventhal’s own career. One built on fairness, compassion, and an unwavering commitment to justice. For one of New York’s most respected jurists, retirement has simply provided a new platform to continue serving the law he has loved for more than four decades.
