A Conversation with New York Judge Wavny Toussaint

Justice Wavny Toussaint, the first Trinidadian-American elected to the bench in New York state, has been a judge for over two decades. State Court Report spoke with Toussaint about the mentors who shaped her path to the bench, the importance of remaining open to unexpected opportunities, and the significance of the Appellate Term, a specialized — and, perhaps, underappreciated — court that has an enormous impact on the New York City community.

Toussaint was elected to a county court in 2002 and went on to sit on New York City criminal and family courts, by assignment, until her 2014 election to a New York trial court. In 2020, she was appointed to the Appellate Term, which is made up of state trial judges and handles appeals from the New York City criminal, civil, housing, and small claims courts. She is now the presiding justice of the Appellate Term she sits on — and is the first woman and first woman of color to hold that position on that court.

Some notes about terminology and judicial structure: In New York state, general trial courts are called “supreme courts,” intermediate courts of appeals are called “Appellate Divisions,” and the state’s highest court is called the “Court of Appeals.” Unlike in the federal system and most state judiciaries, the judges who sit on New York’s trial and intermediate courts are called “justices,” while those on the state’s highest court are called “judges.” There are also a number of local courts of first instance devoted to particular types of matters or exercising limited jurisdiction, like family courts or village courts. 

The interview has been edited for length and clarity.

Can you walk us through your professional path to the bench? What moments or experiences most shaped your decision to become a judge?

I was recently a speaker at the Metropolitan Black Bar Association judges’ celebration, and in my remarks, I focused on judges who had been significant in my judicial journey. The first judge that I mentioned was one who gave me the opportunity to be an intern in his chambers during the summer after my first year of law school. His name was Bruce Wright.

That summer, he gave me exposure to the courtroom. He gave me the opportunity to listen to arguments of counsel and draft decisions. He kept sharing with me that I, too, could do as well as the attorneys who were appearing before him in his courtroom and that one day I too could be a judge. He planted that seed.

I didn’t quite believe it at the time, but because that seed was planted, it grew roots. And eventually I decided that yes, I would be interested in becoming a judge.

You were the first woman and first woman of color to serve as presiding justice of the Appellate Term for several judicial districts, as well as the first Trinidadian-American elected as a judge in New York state. How have you been able to use that leadership role and your background to mentor other prospective judges?

I have been a beneficiary of a number of judges who mentored me, walking me through my professional experience from the time I was a new attorney until 20 years later, when I was elected as a judge to the civil court of the city of New York.

My first job was at the New York City Corporation Counsel, which heads the city’s law department and handles litigation on behalf of the city. Once I knew that I had passed the bar, I asked another Black woman there what I should do next. She said to me, you should join bar associations, and you should join the Association of Black Women Attorneys. Her name was Janice Bowman, and she ultimately became a judge.

I joined the Association of Black Women Attorneys, and what I found was such a nurturing organization for a young attorney. There were Black women attorneys who were more experienced than I was, and I had the opportunity to sit and talk with them about their journey and ask for their guidance. They were welcoming and open to sharing.

One of them, Justice L. Priscilla Hall, became a mentor for me, someone whose advice I sought at every step of my professional career. She was very helpful when I decided that becoming a judge was the professional path that I wanted to pursue. It was good to have these resources to tap when things were challenging or when I questioned whether this was what I wanted to do.

Since I became a judge, and even now as a more senior judge, I’m always paying it forward. I do as much as I can to help pre-law students, law students, and attorneys in their professional journey. I’m not shy about sharing the advice I got from good mentors, and I strive to be a good mentor to those who are coming up behind me.

What advice would you offer for lawyers or law students interested in judicial service?

The best advice that I would give is don’t limit yourself.

When I graduated from law school, I knew I wanted to be a litigator. That’s why I went to the Corporation Counsel, because you could be in the courtroom immediately. I was assigned to the Torts division, and I was in the courtroom arguing motions and trying cases right away.

Later, I went to an insurance defense firm. But I realized I was being held back there because I was a woman of color, a Black woman. It was apparent from some of the things that colleagues were saying about me, things that exposed prejudice and bias. I left the firm without having a new position. But I had skills doing depositions and appearing in court, and I was covering for other attorneys on a per diem basis and making sufficient money to cover my bills.

Then someone said there was an open position as a court attorney with a New York County Supreme Court Justice. At first, I wasn’t interested, because I wouldn’t be trying cases. But after I interviewed and started working there, I found that being in the position of the court attorney meant looking at things from the viewpoint of the judge, and it gave me an opportunity to truly make a difference, as an impartial decision maker.

What do you wish more people understood about the importance of state trial courts?

There are so many cases and we can’t try them all. So it’s important for a judge to be skilled at resolving cases. I have been able to resolve many cases through settlement. I find that coming to an agreement is ultimately better for the parties involved, because when the trial is done, there is always the possibility of it being extended with post-verdict motions and appeals. A settlement brings more completion than a trial does.

I sit on New York City’s Appellate Term, which is an appellate court that hears appeals from what is termed “the people’s court.” The appeals come from the NYC criminal and civil courts, including the small claims part and the housing part. Often, the community — and even the legal community — do not realize the importance of the matters that we are hearing.

We are deciding appeals related to housing, a major political and community issue in New York City. Most of the matters that come before us will not go further, so the decisions that we are making are going to be final in Brooklyn, Queens, and Staten Island.

In addition, many of the matters that we hear from the criminal court are appealed directly to the Court of Appeals, New York state’s highest court. Though they may be misdemeanors, they often involve major issues of law and constitutional questions. Our decision may be the ultimate decision, as the Court of Appeals has discretion whether or not to hear these matters.

Many in the legal community don’t fully appreciate and understand what the Appellate Term does. When I speak, I try to explain what we do and encourage others to learn what the Appellate Term does. One thing I want people to understand is that those who appear in the Appellate Term are also truly in need of attorney representation, just like those before other courts. When I became the presiding judge, I committed to making every effort to raise the visibility of the Appellate Term and help attorneys better understand the significance of the court and its impact on the community.

Zoe Merriman is the production coordinator for State Court Report.

Suggested Citation: Zoe Merriman, A Conversation with New York Judge Wavny Toussaint, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ (April 14, 2026), https://statecourtreport.org/our-work/analysis-opinion/conversation-new-york-judge-wavny-toussaint