State Supreme Court benches in the Capital Region and the rest of upstate New York are “overwhelmingly white and male” – for now.

So says New York State Bar Association President Hank Greenberg, but he is expecting a more diverse body of judges in both the Albany-based Third Department, which represents 28 counties, and Rochester-based Fourth Department, which encompasses western New York.

Greenberg told a joint panel of Senate and Assembly judiciary members on Wednesday that Chief Judge Janet DiFiore’s plans to overhaul the state’s antiquated court system “holds the potential of notably increasing the diversity of the Supreme Court bench outside New York City.”

In September, DiFiore unveiled a plan to replace New York’s 11 separate trial courts, the most of any state, with a three-level system that would make judges in County Court, Family Court, the Court of Claims and Surrogate's Court all state Supreme Court justices starting Jan. 1, 2025.

Greenberg said under the new system based on the most recent election, Albany County alone would increase its number of nonwhite or nonmale Supreme Court justices by seven. He was referring to County Court Judge William Carter and County Court Judge-elect Andra Ackerman; Family Court Judges Susan Kushner and William Rivera, and Family Court Judges-elect Sherri Brooks and Amy Joyce, as well as Surrogate Judge Stacy Pettit.

Outside New York City, the number of female Supreme Court justices would increased by 21 percent and ethnic diversity would increase by 25 percent, Greenberg testified.

Greenberg's numbers in Albany County did not even include Court of Claims judges whom under DiFiore's proposal would all become state Supreme Court justices as of Oct. 1, 2022. And on Jan. 1, 2027, the 61 City Courts in upstate -- including all in the Capital Region -- will become part of a new Municipal Court system. Town and village courts would remain unchanged.

“With respect to diversity, currently in the Third and Fourth departments, which serve most of upstate, the Supreme Court bench is overwhelmingly white and male,” Greenberg told lawmakers. “In the year 2019, that is not acceptable.”

Greenberg noted he has worked on the issue for years, but calls for reform have largely fallen on deaf ears. Quoting late Chief Judge Judith Kaye, Greenberg said a “diverse bench gives the public a belief that they are included in the justice system.

“And, indeed, there is value in symbolic representation — seeing someone who looks like you on the bench,” Greenberg added.

“New York’s demographics are changing. If the judiciary doesn't change apace, we risk undermining the public’s confidence in our justice system and respect for the rule of law.”

Greenberg explained that under the existing court system, a domestic abuse victim who leaves the abusive relationship might need to go to Family Court for custody of her children, Supreme Court to initiate divorce proceedings and criminal court to have her abuser prosecuted.

"The burdens placed on real people by our current system are intolerable," Greenberg testified. "Countless confusing hearings and proceedings are not only expensive, they also cause anxiety, pain, and despair for vulnerable persons. This no way for a humane, modern justice system to operate."