“What is it that makes us trust our judges? Their independence in office and manner of appointment.” Hon. John Marshall On January 5, 2021, a case was argued in New York’s highest court, the Court of Appeals. Two of the attorneys who argued the case are members of the law firm of Greenberg Traurig. Another attorney in the firm, Henry M. Greenberg, was appointed in 2020 to the Commission on the Future of New York’s Courts by Janet DiFiore, the Chief Judge of the Court of Appeals. Attorney Greenberg is also counsel to the New York State Commission on Judicial Nomination. That Commission nominates New York’s Court of Appeals Judges. Attorney Greenberg was counsel in 2015 when Janet DiFiore was nominated to be Chief Judge. Chief Judge DiFiore and others on New York’s Court of Appeals heard the appeal of the two Greenberg Traurig attorneys on January 5, 2021. In 2020, Chief Judge DiFiore was sued in two cases in Suffolk County Supreme Court by, among others, two Appellate Division judges, because of her elimination of judges over 70 years of age to be certified to continue in office. As is her right, Chief Judge DiFiore asked to have a private law firm represent her. On November 30, 2020, the Attorney General approved, and the State Comptroller was authorized to pay for the Chief Judge’s law firm with taxpayer money. On December 29, 2020, Greenberg Traurig filed a Record on Appeal in the Appellate Division, Third Department, stating the law firm represented Chief Judge Janet DiFiore. The attorney from Greenberg Traurig representing Judge DiFiore was Henry M. Greenberg. Therefore, on January 5, 2021, two attorneys from the law firm that then represented Chief Judge Janet DiFiore argued an appeal in front of her. Chief Judge DiFiore did not disqualify herself. Chief Judge DiFiore never indicated to the two attorneys arguing against Greenberg Traurig that she was represented by Greenberg Traurig in any capacity. Neither attorney knew of the representation at the time of the argument. They only found out about Judge DiFiore being represented by Greenberg Traurig after the February 18, 2021 decision written by Chief Judge DiFiore against their clients. On February 9, 2021, Greenberg Traurig’s Henry M. Greenberg argued in the Third Department representing Chief Judge DiFiore. On February 18, 2021, Chief Judge DiFiore published her opinion reversing the Appellate Division and holding in favor of Greenberg Traurig’s clients, Deutsche Bank and Wells Fargo Bank. On March 9, 2021, the Third Department reversed the Appellate Division and decided in favor of Chief Judge DiFiore represented by Greenberg Traurig. Shortly thereafter Judge DiFiore changed her mind and allowed the 70+ year old judges to serve again. Section 100.2 of New York’s Rules of the Chief Administrative Judge on Judicial Conduct state, "A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities… (B) A judge shall not allow family, social, political, or other relationships to influence the judge's judicial conduct or judgment." Antonin Scalia decided Bush v. Gore in the United States Supreme Court in December of 2000 even though his son had been offered a job before the election by the law firm representing George W. Bush. What was the firm? Greenberg Traurig. The only judges in the United States not subject to Judicial Conduct Rules are the members of the United States Supreme Court. There are 11 members of the New York State Commission on Judicial Conduct. Three of them were appointed by Chief Judge Janet DiFiore.