Judge Wabney Toussaint, the first Trinidadian-American elected to the New York State bench, has been a judge for more than 20 years. state court report She spoke with Toussaint about the leaders who shaped her path to the court, the importance of remaining open to unexpected opportunities, and the importance of the appellate court, a specialized and perhaps underappreciated court that has a tremendous impact on New York City communities.
Toussaint was elected as a county court judge in 2002 and worked in New York City’s criminal and family courts by assignment until his election to New York’s trial court in 2014. In 2020, she was appointed to the Appellate Division, a group of state trial judges that handles appeals from New York City’s criminal, civil, housing, and small claims courts. She currently serves as the presiding judge of the appellate court, making her the first woman and woman of color to hold that position on the court.
A note on terminology and judicial structure: In New York State, the Court of Common Pleas is called the “Supreme Court,” the intermediate appellate courts are called the “Appellate Division,” and the state’s highest court is called the “Court of Appeals.” Unlike the federal system and most state judiciaries, New York state trial and intermediate court judges are called “judges,” and judges on the state’s highest court are called “judges.” There are also many first-instance district courts, such as family courts and village courts, that specialize in particular types of matters or exercise limited jurisdiction.
The interview has been edited for length and clarity.
Could you tell us about your professional journey before joining the bench? What moment or experience most shaped your decision to become a judge?
I recently spoke at the Capital Area Black Lawyers Association’s Judges Celebration, which focused on judges who played important roles in my judicial journey. The first judge I mentioned was the one who gave me the opportunity to be an intern in his courtroom during the summer after I finished my first year of law school. His name was Bruce Wright.
He put me in court that summer. He gave me the opportunity to hear the lawyers’ arguments and draft a decision. He kept telling me that I could be just like the lawyers who were in court and that I could someday be a judge. He planted that seed.
I didn’t really believe it at the time, but the seed was planted and it started to take root. And eventually I decided that I was interested in becoming a judge.
You were the first woman and first person of color to serve as presiding appellate judges in several judicial districts, and you were also the first Trinidadian-American elected to the bench in New York State. How have you been able to use that leadership role and your background to mentor other judicial candidates?
I have benefited from the many judges who have taught me and mentored me in my professional experience from the time I was a new lawyer to my election as a civil court judge in New York City 20 years later.
My first job was at the New York City Department of Corporation Law, where I ran the city’s legal department and litigated on behalf of the city. When I knew I had cleared the hurdle, I asked another black woman who was there what to do next. She told me you should join the Bar Association and you should join the Black Women Lawyers Association. Her name was Janice Bowman and she eventually became a judge.
I joined the Black Women Lawyers Association and found out that it was an organization that nurtured young lawyers. There were Black women lawyers who were more experienced than me, so I had the opportunity to sit down with them and talk about their journeys and seek guidance. They were welcoming and open to sharing.
One of them, Judge L. Priscilla Hall, became my mentor, and I sought her advice at every stage of my professional career. She was very helpful when I decided that becoming a judge was the career path I wanted to pursue. It was nice to have these resources available to me when things were tough or I was wondering if this was what I wanted to do.
Since I became a judge, and even now as a senior judge, I have always paid for it. I do everything I can to support Master of Laws students, law students, and lawyers in their professional journeys. I am not shy about sharing the advice I have received from good mentors and strive to be a good mentor to those who come after me.
What advice would you give to lawyers and law students interested in judicial work?
My best advice is to not limit yourself.
When I graduated law school, I knew I wanted to be a litigator. I went to the Companies Court because I could go to court immediately. I was assigned to the Torts Division and immediately started arguing claims and hearing cases in court.
Then I went to an insurance defense firm. But I found myself stuck there because I was a woman of color, a black woman. That was evident in some of the things my colleagues said about me, things that exposed bias and prejudice. I quit my job without getting a new job. But I had the skills to write affidavits and appear in court, and I was making enough money to cover for other attorneys on a per diem basis and cover the bills.
Then someone told me that there was an opening for a position as a barrister for a New York County Supreme Court judge. At first, I wasn’t interested because I wasn’t planning on trying cases. But once I was interviewed and started working, I realized that being a court attorney meant seeing things from a judge’s perspective, giving me the opportunity to make a real difference as an impartial decision-maker.
What do you wish more people understood about the importance of state courts?
There are so many cases that we can’t try them all. Therefore, it is important that judges are skilled at resolving cases. To date, we have resolved numerous cases through out-of-court settlements. I believe that ultimately it is good for the parties to reach an agreement, as once the trial is over there is always the possibility that the trial may be extended by post-verdict motions or appeals. Settlements result in more completion than trials.
I am an appellate judge in New York City. This is an appellate court that hears appeals from so-called “people’s courts.” Appeals will be heard in New York City’s criminal and civil courts, including small claims and housing sections. Often the community, and even the legal community, does not recognize the importance of the issues we hear about.
We decide appeals on housing, a major political and community issue in New York City. Most of the issues before us will go no further, and the decisions we are making will be finalized in Brooklyn, Queens, and Staten Island.
Additionally, many of the issues heard in criminal court are appealed directly to the Court of Appeals, New York’s highest court. Although they may be misdemeanors, they often involve serious legal and constitutional issues. The appellate court has discretion as to whether to hear these issues, so our decision may be final.
Many people in the legal community do not fully understand the meaning of the appellate clause. When I speak, I explain what we do and encourage others to learn what the appellate clause does. What I want people to understand is that people who appear before the appellate stage, just like people who appear in any other courtroom, truly need legal representation. When I became Chief Justice, I committed to doing everything I could to raise awareness of the appellate period and help lawyers better understand the importance of the court and its impact on society.
Zoe Merriman is the production coordinator. state court report.
Recommended citation: Zoe Merriman Conversation with New York Judge Vavny ToussaintSᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ (April 14, 2026), https://statecourtreport.org/our-work/analysis-opinion/conversation-new-york-judge-wavny-toussaint
