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Richard David Emery
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Richard David Emery (born March 5, 1946) is an American lawyer. He is a founding partner of Emery, Celli, Brinckerhoff Abady Ward & Maazel LLP.[1] He was the Chair of the New York City Civilian Complaint Review Board from 2014 to 2016.

Key Information

Emery was part of New York Governor Mario Cuomo's State Commission on Government Integrity in the late 1980s. He was also part of the part of New York Governor Eliot Spitzer's Transition Committee for Government Reform Issues. He was a member of the New York State Commission on Judicial Conduct for 13 years until March 2017.

Early life and education

[edit]

Emery was born in Boston, Massachusetts on March 5, 1946.[2] He received a B.A. from Brown University in 1967 and received a J.D., cum laude, in 1970 from Columbia University Law School, where he was named a Harlan Fiske Stone Scholar. Following law school, he became a law clerk for Gus J. Solomon of the U.S. District Court for the District of Oregon.[3]

Career

[edit]

After graduating from law school, Emery moved to Washington and founded the Institutional Legal Services Project, a state-financed public-interest firm that represented people who were incarcerated in prisons, mental institutions and juvenile facilities. After directing the project for six years, he moved back to New York in 1977 and joined the New York Civil Liberties Union as a staff attorney and worked there for a decade.[4]

In 1987, Emery was offered a seat on Governor Mario Cuomo's State Commission on Government Integrity. He accepted the offer and resigned from New York Civil Liberties Union. The same year he became of counsel to Lankenau, Kovner & Bickford, and, thereafter, a partner, focusing on civil and civil rights cases at the firm. There, he represented Robert McLaughlin, who had been wrongfully convicted. Emery obtained McLaughlin's release and one of the first large awards of compensation for wrongful conviction.

One of Emery's most notable cases at the firm was a lawsuit charging that the New York City Board of Estimate violated the principle of "one person, one vote" by granting the Staten Island Borough President, who represented fewer than 400,000 people, the same power as the Brooklyn Borough President, who represented more than two million. In 1989, Emery won the case, arguing in the U.S. Supreme Court and achieving the invalidation of the Board on one person-one vote constitutional grounds.[2][5]

In 1996, Emery represented Laurance Rockefeller, Jr. and presidential candidate Steve Forbes in their bids to gain ballot access.[6] Emery left Lankenau, Kovner & Bickford and founded Emery, Celli, Brinckerhoff & Abady in 1997.

In 2000, he represented John McCain in his bid to gain access to the 2000 New York Republican presidential primary ballot[7] and in 2001, Emery represented over 60,000 misdemeanor detainees in a case against New York City's strip search policy. Emery won the case and New York City agreed to pay $50 million to 50,000 people who had been illegally strip-searched.[8] Emery also represented the three Jackson brothers starved by foster parents in New Jersey in K.J. et al. v. Division of Youth and Family Services et al.[9]

In March 2004, Emery was appointed to the New York State Commission on Judicial Conduct, by New York State Senate Minority Leader John L. Sampson, and served until March 2016.[10] In November 2006, newly elected Governor of New York Eliot Spitzer appointed Emery to his Transition Committee for Government Reform Issues. After Spitzer resigned in March 2008, Governor David Paterson appointed Emery to the New York State Commission on Public Integrity.[11]

In 2010, Emery won a civil rights lawsuit over strip searches performed on non-violent, low-level offenders at the Rikers Island jail facility. As a result of the lawsuit, the city agreed to pay $33 million on behalf of more than 100,000 plaintiffs. Emery represented Roger Clemens' trainer in a defamation lawsuit about steroid use and Duke lacrosse player Reade Seligmann in a civil suit for wrongful prosecution. Emery also represented Cooper Union in a suit to restore tuition-free education.[12]

In 2014, Emery was appointed as the Chair of the New York City Civilian Complaint Review Board (CCRB) by the Mayor of New York City, Bill de Blasio.[13] As the chairman of the CCRB, Emery had aggressive investigations conducted into police misconduct including the use of chokeholds,[14] false statements made by police,[15] and unlawful searches.[16] Emery resigned from the Board on April 13, 2016.[17]

Emery is a member of the City Club, an organization that works on preservation issues in New York City and represented the Club in its environmental suit to block a park Barry Diller planned to build in the Hudson River.[3] He is also the founder and president of the West End Preservation Society.[18] Emery has taught as an adjunct professor at the New York University and University of Washington schools of law as well as currently at Fordham University Law School and Cardozo Law School. Emery is a columnist for the New York Law Journal, writing on judicial conduct.[3]

Personal life

[edit]

He married actress Lori Singer in 1980. The couple had a son, Jacques Singer-Emery in 1991, before divorcing in 1996.[19] Emery married Melania Levitsky in 2002 and had a daughter, Nikita Lev Emery in 2004, later divorcing in 2020. He is the grandson of mathematician Richard Courant and the stepson of the mathematician Jürgen Moser.[2]

Awards and honors

[edit]
  • 1987 - David S. Michaels Memorial Award, January 1987, for Courageous Effort in Promotion of Integrity in the Criminal Justice System from the Criminal Justice Section of the New York State Bar Association
  • 1989 - The Park River Democrats Public Service Award, June 1989
  • 1989 - "I Love an Ethical New York" Award[11]
  • 2000 - Common Cause/NY
  • 2008 - Children's Rights Champion Award
  • 2013 - Landmark West's Unsung Heroes Award for his preservation work[20]
  • 2016 - City & State NY's Responsible 100 Award

Selected publications

[edit]
  • R. Emery, "Who's Policing the Prosecutors? Civil Forfeiture and Accountability," New York Times, December 10, 2014.
  • R. Emery, "How we will police the police," New York Daily News, September 10, 2014.
  • R. Emery, "Come to terms with Mike Bloomberg's move," New York Daily News, November 9, 2008.
  • R. Emery & I. Maazel, "Why Civil Rights Lawsuits Do Not Deter Police Misconduct: The Conundrum of Indemnification and a Proposed Solution," 28 Fordham Urban Law Journal (2000).
  • R. Emery & N. Morrison, "Five Cases Follow Traditional Course," New York Law Journal, October 2, 2000.
  • R. Emery, "The Verdict: Poor Training and Supervision," New York Times, February 26, 2000.
  • R. Emery, "Dazzling Crime Statistics Come at a Price," New York Times, February 19, 1999
  • R. Emery & A. Celli, Jr., "Disorderly Conduct Statute and the First Amendment," New York Law Journal, October 20, 1997
  • R. Emery, "Four Ways to Clean Up the Police," New York Times, August 26, 1997
  • R. Emery, "Frank Askin, Defending Rights: A Life in Law and Politics," New York Law Journal, June 13, 1997
  • R. Emery, "Adversary System: Cameras in the Courtroom after O.J.?" New York Times, October 18, 1995
  • R. Emery, "Weighted Voting," 159 Touro Law Review (1989)
  • R. Emery, "In New York City, Power to the People," New York Times, May 6, 1989
  • R. Emery, "The Even Sadder New York Police Saga," New York Times, December 12, 1987
  • R. Emery, "End New York City's One-Party System," New York Times, September 19, 1987
  • R. Emery, "Giuliani's Unfair Tactics," New York Times, October 31, 1985
  • R. Emery, "Curbing New York's Police," New York Times, May 7, 1985
  • R. Emery, "Pointless Grand Jury Secrecy," New York Times, February 11, 1985
  • R. Emery, "Recast New York's Board of Estimate," New York Times, September 15, 1984
  • R. Emery, "Courts Can't Do It All," New York Times, July 16, 1983
  • R. Emery & B.J. Ennis, The Rights of Mental Patients: An ACLU Handbook (New York: Avon Books, 1978).

References

[edit]
[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Richard David Emery

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Richard David Emery is an American lawyer renowned for his work in civil rights, election law, and commercial litigation as a founding partner of Emery Celli Brinckerhoff Abady Ward & Maazel LLP. His career highlights include arguing before the U.S. Supreme Court in the landmark case Board of Estimate of City of New York v. Morris (1988), which invalidated New York City's Board of Estimate for violating the Equal Protection Clause due to unequal voting weights among officials, prompting a restructuring of the city's governance to enhance democratic representation. Emery has handled high-profile cases challenging government structures and policies, earning recognition for litigating at all judicial levels, from trial courts to the Supreme Court. In 2014, he was appointed by Mayor Bill de Blasio to chair and overhaul the Civilian Complaint Review Board, aimed at improving oversight of New York Police Department misconduct complaints, though he resigned in 2016 following allegations of inappropriate remarks raised in a lawsuit by board members. His practice emphasizes holding powerful institutions accountable, reflecting a consistent focus on constitutional rights and governmental transparency.

Early Life and Education

Upbringing and Early Influences

Richard David Emery was born on March 5, 1946. His mother, Gertrude Courant, was the daughter of , a German-Jewish who emigrated to the in to escape Nazi persecution and later founded the Courant Institute of Mathematical Sciences at . In 1955, his mother married Jürgen Moser, a Swiss-American renowned for contributions to dynamical systems and , who became Emery's stepfather; Moser died in 1999. Emery grew up in this intellectually rigorous environment in , surrounded by figures engaged in advanced scientific inquiry amid the post-World War II academic community. No specific early personal events or experiences are publicly documented as directly shaping his later focus on legal advocacy for and government accountability.

Academic and Professional Training

Emery received a Bachelor of Arts degree from in 1967. He then attended , earning a degree cum laude in 1970 and serving as a Harlan Fiske Stone Scholar, a merit-based honor recognizing academic excellence. Emery was admitted to the New York State Bar in 1971, marking his entry into professional legal practice.

Tenure at New York Civil Liberties Union

Richard David Emery joined the New York Civil Liberties Union (NYCLU) in 1977 as a staff attorney following his work directing the Institutional Legal Services Project in Washington state. He served in this role until 1987, focusing on civil rights litigation, particularly in criminal justice and voting rights. During his tenure, Emery handled cases challenging abusive practices, including a successful against the unreasonable strip-search of a junior high school student, which highlighted violations of privacy rights in school and detention settings. He also secured the release of Bobby McLaughlin, who had been wrongfully imprisoned for 6.5 years due to police misidentification, underscoring NYCLU efforts to address prosecutorial and identification errors in defendants' cases. In the 1980s, Emery contributed to voting rights initiatives, litigating against state legislative following the 1980 census to enforce "one person, one vote" principles and protect minority electoral opportunities. Notably, alongside Arthur Eisenberg, he co-led Morris v. Board of Estimate (1986), arguing that New York City's Board of Estimate structure diluted voting power in violation of equal protection; the federal district court ruled in plaintiffs' favor, prompting eventual review and city charter reforms to align with one-person, one-vote standards. These efforts emphasized institutional challenges to electoral inequities rather than individual defendant representation, distinguishing NYCLU's nonprofit advocacy from later private-sector work.

Founding and Leadership of Emery Celli Brinckerhoff Abady Ward & Maazel LLP

Richard D. Emery co-founded Emery Celli Brinckerhoff Abady Ward & Maazel LLP in 1998, establishing the firm as a New York-based litigation boutique dedicated to combating "citizen abuse" by representing individuals and entities against governmental overreach and institutional misconduct. The firm's name reflects its founding partners, including Emery, Andrew G. Celli Jr., Jonathan S. Abady, and others who joined subsequently, with the full designation evolving to incorporate additional partners such as Earl S. Ward and Daniel P. Maazel as the practice expanded. From its inception, the firm emphasized entrepreneurial private practice, transitioning Emery's experience from public interest advocacy into a commercially viable model focused on high-stakes disputes. The core practice areas under Emery's foundational influence include commercial litigation involving complex contract and business disputes, civil rights suits challenging unlawful governmental actions, and matters addressing voting rights and political processes. Nearly all attorneys at the firm engage across these interconnected fields, enabling a versatile approach to cases that often blend commercial interests with constitutional protections. This multidisciplinary structure distinguishes the firm from traditional boutiques, allowing it to handle both private-sector conflicts and public accountability litigation without silos. As a founding partner, Emery has provided ongoing , guiding the firm's growth into a nationally recognized entity with a reputation for tackling precedent-setting disputes in federal and state courts. His role has emphasized strategic case selection and team development, fostering a collaborative environment that leverages partners' complementary expertise in trial and appellate work to build the firm's docket in civil rights and commercial arenas.

Notable Litigation and Cases

Emery argued before the U.S. in Board of Estimate of City of New York v. Morris (1988), representing appellees challenging the structure of New York City's Board of Estimate as violating the one-person, one-vote principle under the . The Court ruled 5-4 in 1989 that the Board's voting scheme, which weighted votes unequally based on population disparities among borough presidents, was unconstitutional, prompting a city charter revision in 1989 to replace the Board with a more representative City Council structure. In civil litigation stemming from the 2006 Duke University lacrosse scandal, Emery represented Reade Seligmann, one of three players falsely accused of rape by Durham, North Carolina prosecutor Michael Nifong, whose case collapsed amid evidence of fabricated testimony and withheld exculpatory material. The federal lawsuit against the City of Durham and others alleged malicious prosecution and due process violations; it settled in May 2014 on confidential terms, with Seligmann's counsel emphasizing the prosecution's reliance on unsubstantiated accusations despite alibis and DNA evidence exonerating the defendants. Emery defended Brian McNamee in a defamation countersuit against pitcher , arising from McNamee's 2007 accusations in the that he injected Clemens with steroids and human growth hormone between 1998 and 2001. Filed in 2009 after Clemens sued McNamee for , the case centered on McNamee's retention of including syringes; a federal court dismissed Clemens' initial claim in 2009 for lack of , and the countersuit settled in March 2015 without admission of liability, following Clemens' 2012 acquittal on charges related to his congressional testimony denying steroid use. In July 2024, Emery's firm led a lawsuit on behalf of the City Club of New York challenging Governor Kathy Hochul's indefinite pause of Manhattan's program, approved by the in 2023 to charge drivers $15 entering the central business district to fund transit improvements. The suit argued the pause exceeded the governor's statutory authority under state environmental review laws; a judge denied Hochul's motion to dismiss in September 2024, allowing the case to proceed on claims that the unilateral halt undermined legislatively authorized revenue mechanisms without proper justification. Emery has also litigated and contesting governmental overreach, including a 2010 federal victory invalidating policies permitting suspicionless strip searches of misdemeanor arrestees, which the Second Circuit upheld as violating the Fourth Amendment absent or safety exigencies. His practice has emphasized challenges to voting restrictions and official , prioritizing evidentiary over procedural in civil rights enforcement.

Public Service and Civic Engagement

Chairmanship of the Civilian Complaint Review Board

Richard Emery was appointed chairman of the New York City Civilian Complaint Review Board (CCRB) by Mayor on July 17, 2014, with the primary mandate to reform the agency's investigative processes for handling complaints against New York Police Department (NYPD) officers. The appointment aimed to address longstanding criticisms of the CCRB's effectiveness in substantiating allegations of , including delays in investigations and limited cooperation from the NYPD. Emery, drawing from his civil rights litigation background, prioritized enhancing the quality, timeliness, and credibility of probes into officer behavior. Under Emery's leadership, the CCRB outlined specific goals to improve investigative outcomes, including bolstering the rigor of case reviews to better substantiate valid complaints and expanding the use of for resolving lower-level disputes. Efforts focused on "front-loading" the disciplinary process by integrating CCRB recommendations earlier into NYPD proceedings, aiming to reduce bottlenecks and increase accountability. In August 2014, the CCRB negotiated a deal with the NYPD to streamline complaint handling, addressing Emery's concerns that the existing system undermined the board's authority by allowing police departments to override findings without sufficient justification. Emery's tenure emphasized collaboration with NYPD leadership, including Police Commissioner , to foster reforms despite tensions with police unions skeptical of civilian oversight. This approach led to policy recommendations for greater NYPD transparency in providing evidence, such as body camera footage and internal records, which Emery argued were essential for thorough investigations but often withheld, hindering substantiation rates. Empirical data from the period showed increased complaint filings, reflecting heightened public awareness post- NYPD policing debates, though substantiation and discipline implementation remained challenged by inter-agency dynamics.

Involvement in Governmental Reform and Other Roles

Emery served on Governor Mario Cuomo's Commission on Integrity in Government, which examined ethical standards and potential conflicts in state operations during the late 1980s and early 1990s. He also participated in Governor Eliot Spitzer's Transition Committee for Government Reform Issues, formed in November 2006 to recommend structural changes aimed at enhancing accountability and efficiency in New York state governance following Spitzer's election. These roles positioned Emery as an advisor on systemic improvements, focusing on mechanisms to prevent corruption and promote ethical conduct in public administration. From 2004 to 2017, Emery was a member of the New York State Commission on Judicial Conduct, an independent body responsible for investigating complaints against judges and enforcing disciplinary standards to maintain public trust in the judiciary. During his tenure, the commission issued determinations in numerous cases, including admonishments for judicial misconduct such as improper ex parte communications and failures to recuse, contributing to greater transparency in judicial oversight processes. His involvement underscored efforts to apply consistent ethical scrutiny, potentially deterring abuses through publicized enforcement actions. In , Emery advocated for representational equity in local structures. In a 1989 article published in the Touro Law Review, he proposed schemes as a compliant alternative to strict equal population districts under the one-person, one-vote principle, arguing that such systems could preserve community interests in multi-jurisdictional bodies like New York 's former Board of Estimate while avoiding vote dilution. He represented plaintiffs in Board of Estimate of City of New York v. Morris (1989), a U.S. case that invalidated the Board's voting structure for violating equal protection, prompting reforms to New York 's executive-branch allocation of power and influencing subsequent reorganizations. These contributions advanced fairer electoral processes by challenging malapportioned systems and exploring pragmatic solutions grounded in constitutional requirements.

Controversies and Criticisms

Conflicts of Interest and Professional Conduct Allegations

In February 2016, NYPD unions, including the Police Benevolent Association and , publicly questioned Richard Emery's chairmanship of the Civilian Complaint Review Board (CCRB), alleging a arising from his founding partnership in Emery Celli Brinckerhoff & Abady LLP, which actively pursued federal lawsuits against NYPD officers and the over alleged . The unions highlighted that the firm's representation of plaintiffs in such cases created a financial incentive incompatible with Emery's oversight role at the CCRB, which investigates civilian complaints against officers, arguing it undermined the board's impartiality and Emery's ability to fairly adjudicate matters involving potential firm clients. A specific instance cited by critics involved the firm's representation of Mark Luckey, whose CCRB complaint alleging excessive force by NYPD officers in 2015 was substantiated in part, after which Emery Celli took on his federal civil rights lawsuit claiming beating and pepper-spraying; the firm withdrew from the case in March 2016 following media scrutiny of the overlap. Unions and commentators contended this exemplified a broader pattern where the firm's civil litigation—often building on CCRB-substantiated findings—posed structural risks, even if Emery himself did not handle CCRB cases directly, as partners shared profits from such suits. Emery defended the arrangement by asserting a strict separation between his CCRB duties and firm activities, stating he had no involvement in cases against the NYPD and that the firm prohibited representing clients with fully substantiated CCRB complaints, though it permitted ongoing representation for those with pending or unsubstantiated claims. He maintained that recusal protocols and firewalls within the firm mitigated any perceived , emphasizing that his focused on and oversight rather than individual investigations, and that no evidence showed CCRB decisions favoring firm interests. Despite these responses, the unions persisted in demanding his removal, viewing the profit-sharing structure as inherently compromising the CCRB's credibility in handling complaints that could feed into the firm's litigation pipeline.

Public Statements and Resignation from CCRB

In February 2016, Emery, as chairman of the Civilian Complaint Review Board (CCRB), referred to NYPD union officials as "squealing pigs" during an interview discussing police resistance to oversight reforms. The remark, first reported by the , drew immediate backlash from police unions, including the Patrolmen's Benevolent Association (PBA), whose president Patrick Lynch demanded Emery's resignation or removal, arguing it undermined the board's credibility in handling complaints against officers. Emery issued a public apology the following day, acknowledging the comment as "inappropriate" and expressing regret for any offense caused, while emphasizing his commitment to . Despite the apology, union leaders maintained their calls for his ouster, citing the statement as evidence of bias against rank-and-file officers. Tensions escalated in April 2016 when Mina , the CCRB's , filed a gender discrimination lawsuit against Emery and the board, alleging he made misogynistic remarks toward female staff, including referring to her as "that bitch" in a and fostering a hostile environment through sexist comments. The suit, filed on April 12 by the Wigdor LLP, sought damages and claimed retaliation against for raising prior concerns; it built on earlier internal complaints about Emery's conduct. Emery resigned as CCRB chairman the next day, April 13, 2016, announcing the decision through Mayor Bill de Blasio's office amid the mounting controversies, including the prior "pigs" remark. In his letter, Emery defended his record on advancing civilian oversight of the NYPD but stated that the accumulated scrutiny had become a distraction from the board's mission. withdrew the lawsuit on April 26, 2016, without prejudice, preserving the option to refile, though her attorney cited a desire to move forward without further litigation. Police unions welcomed the resignation, viewing it as validation of their earlier criticisms, while de Blasio praised Emery's contributions but accepted the departure to refocus the agency.

Personal Life

Family and Relationships

Richard Emery married actress and cellist in 1980. The couple had one son, Jacques Singer-Emery, born on March 1, 1991. They filed for in 1996, with the marriage ending via court decree in November 1999 on grounds of constructive abandonment. Emery remarried Melania Poindexter Levitsky on May 4, 2002, in Manhattan. No additional children from this marriage are documented in public records. No other relationships are publicly reported.

Later Life and Interests

Emery has remained an active founding partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP into the 2020s, focusing on commercial litigation, civil rights, and election law matters. In July 2024, his firm initiated legal action in New York County Supreme Court challenging Governor Kathy Hochul's indefinite pause of the city's congestion pricing plan, arguing that the governor lacked unilateral authority to halt the federally approved initiative. The suit advanced after a September 2024 ruling denied the governor's motion to dismiss, underscoring Emery's ongoing role in high-stakes public policy disputes. As of 2025, Emery continues to contribute to the firm's leadership and intellectual output, co-authoring a New York Law Journal article in April on threats to posed by public attacks on judges. He was recognized in the 2025 Lawdragon 500 list of leading civil rights and plaintiff employment lawyers, reflecting sustained professional prominence at age 79. No public records detail personal hobbies or pursuits beyond his legal career.

Awards, Honors, and Legacy

Professional Recognitions

Emery received the David S. Michaels Memorial Award in January 1987 from the Section of the , recognizing his "courageous effort in promotion of integrity in the criminal justice system." In 2008, he was awarded the Children's Rights Champion Award by , honoring his lifelong civil rights advocacy and support for initiatives. The Landmark West Unsung Heroes Award was presented to Emery in 2013 for his contributions to historic preservation efforts in New York City. In 2016, Emery earned inclusion in City & State New York's Responsible 100, acknowledging responsible leadership in public service and governance.

Impact on Law and Society

Emery's successful challenge to the New York City Board of Estimate in Morris v. Board of Estimate (1989) advanced the application of the one-person-one-vote doctrine under the Equal Protection Clause of the Fourteenth Amendment. The U.S. Supreme Court ruled 5-4 that the Board's voting structure, which allocated equal votes to officials representing disparate population sizes—such as the Manhattan borough president for 1.5 million residents versus the Staten Island borough president for 300,000—diluted representation in violation of constitutional standards. This decision, argued by Emery on behalf of plaintiffs who filed suit in 1981, prompted the Board's dissolution by state legislation in 1989, redistributing budgetary and policy powers to the more populous City Council and aligning municipal governance with population-based equity. The reform reduced the influence of smaller boroughs, fostering a structure that better reflected urban demographics and curbed entrenched veto powers that had perpetuated inefficiencies in city administration. As chair of the Civilian Complaint Review Board (CCRB) from July 2014 to April 2016, Emery oversaw investigations into over 2,000 NYPD misconduct allegations annually, implementing protocols to substantiate claims of excessive force and bias through civilian-led probes independent of departmental control. His tenure emphasized evidence-based recommendations for discipline, contributing to heightened public scrutiny of policing practices amid post-Ferguson demands for transparency, though outcomes revealed persistent challenges: CCRB panels substantiated roughly 25-30% of complaints, with subsequent board reviews overturning hundreds of findings due to evidentiary gaps or procedural disputes. This process underscored tensions in civilian oversight, where efforts to impose often clashed with union defenses of operational , highlighting causal limits in external reviews to alter entrenched police culture without complementary internal reforms. Emery critiqued the overreliance on Section 1983 civil rights lawsuits as a mechanism for curbing , arguing in a that municipal indemnification—where cities covered 99% of judgments against officers—shields individual and fails to deter future violations, as officers face no personal financial repercussions. Such suits, he contended, impose high litigation costs on municipalities—exceeding $100 million annually in during the 1990s—while yielding minimal behavioral change, potentially eroding morale and without addressing root causes like deficiencies. This view counters assumptions in circles that adversarial litigation inherently drives systemic improvement, instead positing that it may incentivize defensive postures over proactive efficacy enhancements in policing. Emery's legacy lies in bolstering structural in democratic institutions, from electoral to oversight bodies, yet his analyses reveal how ideologically driven emphases on rights-based remedies can overlook causal pathways to effective , such as balanced incentives that sustain public safety without presuming institutional antagonism. His interventions exposed biases in power distribution and complaint processes, but also demonstrated that unchecked pursuit of punitive measures risks counterproductive outcomes, informing debates on reforming oversight to prioritize verifiable deterrence over symbolic confrontation.

Selected Publications

Scholarly and Professional Writings

Richard David Emery co-authored The Rights of Mental Patients: An ACLU Handbook in 1978 with Bruce J. Ennis, providing a comprehensive guide to legal protections for individuals with mental illnesses under civil rights frameworks, including rights to treatment, least restrictive environments, and in commitment proceedings. The handbook drew on Emery's experience at the New York Union to outline remedies against institutional abuses and advocate for patient autonomy, influencing advocacy in . In 1989, Emery published "Weighted Voting" in the Touro Law Review, analyzing systems where votes carry unequal weights in legislative or electoral bodies and their compatibility with principles of democratic equality. The article critiques how can undermine equal protection by assigning disproportionate influence to certain voters or districts, raising legal challenges under U.S. constitutional standards such as one-person, one-vote requirements from cases like . Emery argues for reforms to realign these systems with civil rights imperatives, emphasizing fair representation and equitable power distribution in contexts. Emery has contributed professional columns to the New York Law Journal, focusing on judicial ethics and accountability. In a 2017 two-part series, "Judges Using Their Office to Benefit Themselves or Others," he examined cases where judges leveraged their positions for personal or third-party gain, critiquing the New York State Commission on Judicial Conduct's lenient disciplinary responses. Drawing on Commission decisions, Emery highlighted patterns of inadequate sanctions for misconduct involving private interests, urging stricter enforcement to uphold public trust in the judiciary. These writings underscore his expertise in professional conduct oversight, distinct from his litigation practice.

References

  1. https://ecbawm.com/people/richard-d-emery/
  2. https://www.law.cornell.edu/supremecourt/text/489/688
  3. https://www.oyez.org/advocates/richard_david_emery
  4. https://www.law.com/article/almID/1202667655275/
  5. https://attorneys.lexinter.net/lawyers/richard-d-emery
  6. https://www.truepeoplesearch.com/find/person/p9llruru2unl6n6n48n2
  7. https://www.nytimes.com/1999/12/21/us/jurgen-moser-who-proved-celestial-theory-dies-at-71.html
  8. https://www.linkedin.com/in/richard-emery-41286055
  9. https://www.martindale.com/attorney/richard-david-emery-481617/
  10. https://www.newsday.com/news/new-york/civil-liberties-lawyer-named-to-nyc-police-review-board-o78011
  11. https://assets.nyclu.org/publications/nyclu_pub_50_years.pdf
  12. https://law.justia.com/cases/federal/district-courts/FSupp/647/1463/2360238/
  13. https://ecbawm.com/news/ecbawm-is-founded-to-fight-against-citizen-abuse/
  14. https://www.linkedin.com/company/emery-celli-brinckerhoff-abady-ward-maazel
  15. https://ecbawm.com/
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  17. https://profiles.superlawyers.com/new-york/new-york/lawyer/richard-d-emery/e1400986-92f4-474c-ba0a-c2eafb36ad53.html
  18. https://www.oyez.org/cases/1988/87-1022
  19. https://ecbawm.com/news/duke-university-lacrosse-players-settle-city-durham/
  20. https://www.charlotteobserver.com/news/local/crime/article9122669.html
  21. https://www.espn.com/mlb/story/_/id/12509911/roger-clemens-brian-mcnamee-reach-settlement-2008-defamation-lawsuit
  22. https://ecbawm.com/news/fifth-circuit-affirms-judgment-dismissing-roger-clemens-defamation-claim-against-trainer-brian-mcnamee/
  23. https://ecbawm.com/news/ecbawm-leads-lawsuit-challenging-governor-hochuls-authority-to-block-congestion-pricing-plan/
  24. https://ecbawm.com/news/judge-rejects-governor-effort-to-dismiss-ecbawm-suit-challenging-governors-pause-of-congestion-pricing/
  25. https://www.cbsnews.com/newyork/news/attorney-richard-emery-tapped-to-head-nypd-civilian-complaint-panel/
  26. https://www.huffpost.com/entry/richard-emery_n_5597239
  27. https://www.nyc.gov/assets/operations/downloads/pdf/mmr2015/ccrb.pdf
  28. https://www.politico.com/states/new-york/city-hall/story/2014/08/ccrb-chair-defends-friendly-ties-to-bratton-015005
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  30. https://www.propublica.org/article/the-nypd-is-withholding-evidence-from-investigations-into-police-abuse
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  34. https://thechiefleader.com/stories/unions-ccrbchair-has-fiscal-interest-conflict%2C15888
  35. https://www.nydailynews.com/2016/02/25/ccrb-chairman-richard-emery-apologizes-for-calling-nypd-unions-pigs/
  36. https://nypost.com/2016/04/25/new-york-cops-are-handcuffed-by-ignorant-biased-watchdogs/
  37. https://nypost.com/2016/03/04/ccrb-chief-cuts-ties-with-man-pursuing-excessive-force-case/
  38. https://www.amny.com/opinion/ccrb-richard-emery-s-conflict-in-nypd-case-was-blatant-1-11547785/
  39. https://www.recordonline.com/story/news/2016/03/01/police-watchdog-agency-nypd-wrongfully/32457043007/
  40. https://www.nydailynews.com/2016/03/01/nypd-sergeants-union-slams-ccrb-report-on-improper-raids-of-houses-by-cops/
  41. https://www.nydailynews.com/2016/03/01/civilian-watchdog-head-says-his-law-firm-will-stay-away-from-agencys-nypd-misconduct-cases/
  42. https://www.cbsnews.com/newyork/news/ccrb-chairman-pigs-remark/
  43. https://www.nytimes.com/2016/04/14/nyregion/richard-emery-quits-review-board-amid-suit-accusing-him-of-sexist-remarks.html
  44. https://www.nydailynews.com/2016/04/14/civilian-complaint-review-board-chairman-richard-emery-steps-down-a-day-after-he-was-sued-over-misogynistic-comments/
  45. https://www.wigdorlaw.com/news-press/ccrb-chair-gender-discrimination-lawsuit/
  46. https://www.politico.com/states/new-york/city-hall/story/2016/04/de-blasios-police-watchdog-steps-down-after-again-facing-anger-over-comments-033447
  47. https://nypost.com/2016/04/26/ccrb-director-withdraws-suit/
  48. https://ny1.com/nyc/all-boroughs/news/2016/04/14/pay-lynch-responds-to-richard-emery-resignation
  49. https://nypost.com/1999/04/01/actress-sues-famed-lawyer-hubby-for-20m/
  50. https://goprincetontigers.com/sports/mrow/roster/jacques-singeremory/5405
  51. https://nypost.com/1999/11/11/footloose-star-fancy-free-after-divorce-decree/
  52. https://sortedbyname.com/letter_e/emery/index_320.html
  53. https://ecbawm.com/news/ecbawm-attorneys-richard-emery-and-max-selver-publish-nylj-article-on-trumps-attacks-on-judges/
  54. https://www.lawdragon.com/guides/2025-08-08-the-2025-lawdragon-500-leading-civil-rights-plaintiff-employment-lawyers
  55. https://www.childrensrights.org/news-voices/third-annual-benefit-celebrates-victories-honors-richard-emery
  56. https://ecbawm.com/results/board-of-estimate-of-the-city-of-new-york-v-morris/
  57. https://www.nytimes.com/2017/07/19/nyregion/new-york-police-challenging-more-of-review-boards-findings-study-shows.html
  58. https://www.thecity.nyc/2021/05/04/nypd-oversight-board-ccrb-overturned-cop-misconduct-findings/
  59. https://ir.lawnet.fordham.edu/context/ulj/article/1811/viewcontent/25_28FordhamUrbLJ587_2000_2001_.pdf
  60. https://www.law.com/newyorklawjournal/2017/10/23/1024emery-p3-judges-using-their-office-to-benefit-themselves-or-others-part-1/
  61. https://www.law.com/newyorklawjournal/2017/10/26/1027emery-p3-judges-using-their-office-to-benefit-themselves-or-others-part-2/
  62. https://ecbawm.com/news/ecbawm-founder-richard-emerys-column-judges-using-office-private-interests/
  63. https://www.law.com/author/profile/richard-emery/
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