Professor of Law, Albany Law School, Albany, New York
Location: Albany, New York
Michael J. Hutter is Special Counsel to Powers & Santola, LLP. As Special Counsel, he handles the firm’s appellate works. He not only handles appeals with respect to the firm’s clients but also handles appeals for non-firm clients who retain him. As to the latter, he has been retained by organizations, corporations, government officials, including judges and individuals on a wide range of matters that require an appellate specialist.
Michael has argued appeals in the New York State Court of Appeals, and all four Departments of New York’s Appellate Division, the United States Court of Appeals for the Second Circuit, and the United States Court of Appeals for the Federal Circuit. He has argued over 400 appeals, which appeals have covered a wide range of subject matter, including Labor Law, No-Fault Law, Negligence, Criminal Law, Matrimonial Law, civil rights claims, State Constitutional Law, and unfair competition claims. Since 2015, he has been named in the Best Lawyers New York edition in the area of appellate practice.
Michael is also an honors graduate of Brown University, receiving scholarships during his four years of matriculation, and Boston College Law School. In law school, he was the Editor-In-Chief of Boston College’s law review (Annual Survey), and was elected to the Order of the Coif. After graduation, Professor Hutter served as a law clerk to Judge Matthew J. Jasen, an Associate Judge of the New York Court of Appeals.
Michael is also a Professor of Law at Albany Law School, where he has been a member of the faculty since 1976. Professor Hutter’s teaching areas include Evidence, NY Practice, Federal Jurisdiction, and Procedure, Conflict of Laws, and Trade Regulation. He is a recipient of teaching awards from Western New England Law School and Albany Law School, New York State Academy of Trial Lawyers, Capital District Trial Lawyers Association, and the Suffolk County Bar Association. His scholarship has been cited by many courts, including the First Circuit Court of Appeals, Fourth Circuit Court of Appeals, Illinois Appellate Court, Massachusetts Supreme Judicial Court, South Dakota Supreme Court, Wisconsin Supreme Court and the Appellate Division of the State of New York, and by numerous academic commentators.
Professor Hutter is a recognized expert in the area of Evidence. He has served as an educator to the New York State Court System, invited by the New York State Office of Court Administration, and its Judicial Institute, to teach evidence and discuss evidence developments at its annual seminars for Justices and Judges throughout the state, as well as seminars for law clerks and court attorneys. Recently, he was appointed by the Chief Judge of the State of New York to act as the Reporter to a Special Committee, composed of sitting and retired judges, charged with compiling a guide to New York’s existing law of evidence that will be readily available to judges, lawyers, and the public. Professor Hutter is also the Evidence columnist for the New York Law Journal, publishing a bi-monthly article discussing recent New York evidence cases decided by the courts.
Michael has also been active in service to the legal profession. He has served as President of the Albany County Bar Association, elected by the Association’s membership. Additionally, Professor Hutter has served by appointments of the Chief Judge of the State of New York, Presiding Justice of the Appellate Division, Third Department, three governors, legislative leaders, and New York State Bar Association Presidents on statewide public service commissions and study groups. Included in those appointments are Executive Director of the New York State Law Revision Commission and a Commissioner on the Commission, Director, and Chair of the Capital Defender, member of the Commission on Judicial Nomination (selection of candidates for the Court of Appeals, member of the Third Judicial Department Screening Committee, member of the New York State Continuing Legal Education Board, and the NYSBA Committees on Courts of Appellate Jurisdiction and Civil Practice Law and Rules.
In 1999, Michael was one of seven persons recommended by the State Commission on Judicial Nomination to Governor Pataki for the position of Associate Judge, New York State Court of Appeals. He was rated highly qualified for the position by the New York State Bar Association, New York State Trial Lawyers Association, and the Association of the Bar of the City of New York.
In May 2019, Michael received the President’s Award from the Schenectady County Bar Association (SCBA)in recognition of his work on New York’s evidence guide (a consolidated reference tool now available to judges, lawyers, and the public) and for his generosity in providing New York Civil Practice Law and Rules and evidence updates to the association’s members. Hutter is only the fourth President’s Award recipient in SCBA history. He began work on the evidence guide in 2016 after Chief Judge Janet DiFiore appointed him to serve as a reporter for the state’s Judicial Advisory Committee on Evidence.