By: Jeremy Murphy

For more than four decades, the Honorable Barry Kamins (now retired) has been a central figure in New York’s legal community. A respected jurist, prolific writer, and educator, Judge Kamins has shaped how the law is practiced in courtrooms, taught in classrooms, and understood in the pages of legal journals. Now retired from the bench, he brings his experience to the firm Aidala, Bertuna & Kamins where he continues to influence high-stakes cases and mentor the next generation of lawyers.

Judge Kamins’ resume reads like a blueprint for public service in New York’s justice system. Before his retirement, he served as Administrative Judge of the Criminal Court of New York City, Administrative Judge for Criminal Matters for the Second Judicial District, and Chief of Policy and Planning for the New York Court System. Appointed to the bench by Mayor Michael Bloomberg in 2008, he was elevated to Acting Supreme Court Justice the following year and later elected to the State Supreme Court in 2013.

From early in his career as an Assistant District Attorney in Kings County to his time as President of the Association of the Bar of the City of New York, Kamins built a reputation for fairness, intellectual rigor, and a steady hand in navigating some of the state’s most pressing criminal justice issues. He chaired the State Bar’s Task Force on Wrongful Convictions, served on the New York State Permanent Sentencing Commission, and advised on reforms ranging from indigent defense to civilian complaints.

But even with decades of service, Kamins admits that leaving the bench was bittersweet. “I do miss it,” he reflected. “I really love the law and I love adjudicating issues of law. It’s different when you’re an advocate in a firm. You advocate obviously for your client, which is great, but it’s also great when you’re a judge to sort of resolve questions of law. I always think of how much I enjoyed my days on the bench.”

At Aidala, Bertuna & Kamins, Kamins is a senior partner whose portfolio reflects his deep expertise. He specializes in attorney disciplinary matters, criminal appeals, and complex cases involving suppression of evidence. “I handle attorney disciplinary cases where lawyers get into trouble, I handle appeals—mostly criminal appeals—and then complex cases involving suppression of evidence because I write a book on search and seizure,” he explained. That book, New York Search and Seizure, has become a touchstone for practitioners and is updated annually.

The firm’s high-profile cases have brought Kamins into the public spotlight. He was part of the team that handled Harvey Weinstein’s appeal. “Yes, thank you,” he said when complimented on the work. “Unfortunately, he’s not out of jail time as a result of what happened on the new trial, but thank you for the compliment.”

Kamins’ current caseload continues to touch on cutting-edge issues. Recently, he argued in federal court about the legality of searching cell phones without a warrant during border stops—an area of law still developing in real time. “Phones now hold so much personal information,” he noted. “This is a very hot issue now in the courts, whether you can search phones without a search warrant. It’s a fascinating area of evolving law.”

For clients, Kamins’ experience on the bench is invaluable. He understands the pressures, the decision-making process, and the weight of sentencing. “The most difficult part was sentencing,” he admitted. “It takes a lot to go into what is the appropriate sentence for an individual. You have to consider the victim, the defendant, society. Sometimes you stay up nights thinking about whether you should put somebody in jail. You just hope you get it right.”

That perspective also shapes the advice he gives today. “I can tell clients in advance the obstacles they’re going to face,” he said. Knowing a judge’s proclivities—whether they are particularly harsh on drunk driving cases, for example—can help prepare defendants for what lies ahead. “When a lawyer doesn’t know the terrain, it’s a disadvantage. My background helps us avoid that.”

He is also candid about the prosecutorial tactics he has witnessed. “One of the problems many people see is overcharging of individuals. Prosecutors will sometimes overcharge in order to negotiate a plea. That’s been going on for a hundred years in America. It’s nothing new, but it’s still a problem.”

Even as he practices law, Kamins remains committed to education. As an adjunct professor at Brooklyn Law School, he teaches New York criminal practice, emphasizing neutrality and balance. “I try to give students the law as a former judge so they’re getting it correctly without deviating in one direction or another. Then they can make their own decisions when they become lawyers.”

His writing further extends his influence. In addition to New York Search and Seizure, he contributes a regular column on Criminal Law and Practice to the New York Law Journal. His scholarship, like his teaching, underscores that law is never static. “The law is a living, breathing kind of thing,” he tells his students. “From day to day, you’ll see slight changes. Over the years, you see the pendulum swing back and forth. That’s what’s fascinating about the law.”

From his early years in the district attorney’s office to his time presiding over cases in the state’s highest trial court, Judge Kamins has carried a consistent thread: respect for the law, for fairness, and for the people who come before the bench. Though retired from judging, his work at Aidala’s firm, his scholarship, and his teaching ensure his influence continues.

“It’s a tremendous amount of pressure,” he said of judging. “You just do what you think is right.”

Today, in a different role but with the same devotion, Barry Kamins continues to do just that.

Website: www.aidalalaw.com/

Disclaimer: The content is for informational purposes only and should not be construed as legal advice. For specific legal guidance, individuals are encouraged to consult a licensed attorney.