Brian J. Herman at a glance
- Current role
- County Court Judge
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2028
Brian J. Herman
County Court Judge · Columbia County County Court
Biography
Professional career
- Acting Supreme Court Justice, Supreme Court, Columbia County, Designated, 2026 to Present
- Judge, County Court, Columbia County, Elected, 2024 to 2033
- Judge on the Columbia County Court Multi‐Bench in New York’s 3rd Judicial District, elected in 2023 for a term through 2028, with a long career in law, public service, and business
- Legal Practice: Operated The Law Offices of Brian J. Herman (1984–2023) focusing on business law, commercial litigation, DWIs, criminal law, real estate, trusts/estates, and land use
- Judge, City Court, Hudson City, Appointed by Mayor, City of Hudson, 2016 to 2022
- Judicial Service: Appointed part‐time Hudson City Court judge in 2016; held the role of Town Justice of Copake (2005–2013)
- Town Justice, Town of Copake, 2006 to 2013
Education
- Brooklyn Law School — J.D. (1984)
- Queens College — B.A. (1980)
Additional information
- Elected in the 2023 New York General Election for a term beginning in 2024 and ending in 2028.
- Law Office of Brian J. Herman, 1984 to 2023
- Columbia County Supreme Court Multi‐Bench, covering Albany, Columbia, Greene, Rensselaer, Schoharie, Sullivan, and Ulster counties.
Applicable Court Rules & Procedures
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Statewide
In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.
The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Statewide
Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Remote appearances
Statewide
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (37 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Filing and working copies
e. Emergency matters and subpoenas must be filed with the Criminal Court Clerk.
Source page 1Adjournments
g. Attorneys and parties are expected to appear on time. Counsel and pro se defendants are to be prepared to discuss all factual and legal issues associated with a case. Unless there is a true personal emergency, unforeseen inclement or dangerous weather, or an unexpected impediment traveling to court, all adjournment requests must be made in writing and on notice to the other party or parties at least 48 hours prior to the scheduled appearance. Notice to be given by email to the Criminal Court Clerk’s office. Counsel must attempt to obtain consent from opposing counsel prior to making an adjournment request to the court.
Source page 2Communications with chambers
j. Requests for accommodations under the Americans with Disabilities Act may be submitted ex parte pursuant to 22 NYCRR 52 and should be directed to the Criminal Court Clerk’s Office.
Source page 2Courtroom conduct and technology
k. Requests for electronic recording or audio-visual coverage of court proceedings shall be made to the Criminal Court Clerk’s Office, pursuant to 22 NYCRR 29.
Source page 2Courtroom conduct and technology
a. The court is a public forum. Spectators must abide by all court and part rules, must remain quiet while court is in session, and shall not yell out or otherwise disrupt court proceedings. Disruptive spectators will be removed from the courtroom. Unless otherwise authorized by the court, there shall be no eating, drinking, talking, sleeping, camera usage, or digital or analog recording. Spectators shall turn off all electronic devices, include cell phones, and are strictly prohibited from taking photographs or recording any proceedings inside the courtroom.
Source page 2Courtroom conduct and technology
a. Use of a cell phone or other electronic device is strictly prohibited while the court is in session, except as noted below. Spectators are not to use any electronic devices, unless given permission by the court. Texting, emailing, and phone calls are to be done outside the courtroom.
Source page 3Courtroom conduct and technology
b. Cell phone usage and use of other electronic devices by attorneys or defendants who are in the well while a case is being heard by the court is strictly prohibited unless an attorney or defendant obtains prior permission on the record from the court. Attorneys and self-represented defendants waiting in the courtroom for their cases to be called may silently work on a laptop, tablet, or cellphone.
Source page 3Communications with chambers
a. All correspondence to the court must be submitted through the Criminal Court Clerk’s Office, by mail, email (columbiamultibench@nycourts.gov), or in person, and must be brief, concise and contain the full case title and Indictment, Superior Court Information (SCI) or Held for Grand Jury (HGJ) number of the action. Indictment numbers must be those assigned by the court clerk. All correspondence to the court shall be copied to all other counsel (or pro se defendant(s)) simultaneously with transmittal to the court.
Source page 3Adjournments
b. Adjournment requests of any type must be addressed to the court and filed with the Criminal Court Clerk’s Office, by mail, in person, or email, and copied to all parties and/or a pro se defendant(s). The clerk’s office will forward those requests to chambers for consideration. See below, Appearances, for further information.
Source page 3Communications with chambers
c. Correspondence between counsel and/or self-represented parties shall not be copied to the court. The court does not permit litigation by way of letter correspondence to the court, or by way of being copied with letter correspondence by and between counsel and/or self-represented defendants.
Source page 3Communications with chambers
d. Other than for scheduling of warrant-related matters, or unless directed to do so by the court, correspondence and telephone calls should not be made directly to chambers or chambers staff. Correspondence, phone calls, email, regular mail, or other types of communication must be directed to the Criminal Court Clerk’s Office.
Source page 3Communications with chambers
e. Regarding applications for search and arrest warrants, the applicant must initially contact the Criminal Court Clerk’s Office for assignment of a judge. Once the Criminal Court Clerk’s Office logs the request and assigns a judge, the applicant may contact chambers directly but only for the purpose of scheduling a time to bring to be heard. For further information please contact the Criminal Court Clerk’s Office.
Source page 3Adjournments
a. All applications for adjournments must set forth the reason why an adjournment is necessary, whether the opposing party(ies) consents or objects to the application, and the length of the adjournment sought, or if on consent, a date all parties are available. When the adjournment being sought is not on consent, the requesting party should briefly set forth why the adjournment is necessary, the length of the adjournment sought, and the reason offered by the non-consenting party’s lack of consent. Opposing counsel or a self- represented defendant may succinctly provide reasons for objecting to the requested adjournment. No further communication concerning the request for adjournment will be permitted. The request and the response, if any, are not to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined.
Source page 4Conferences and appearances
b. Counsel and self-represented defendants who are scheduled to appear before this court and another court at the same time must email that fact to the Criminal Court Clerk’s Office at least five days prior to the date of appearance so that the conflicting appearances can be reconciled. Otherwise, counsel should provide by email to the Criminal Court Clerk’s Office an affirmation or affidavit of prior engagement. Non-appearing counsel must not rely on opposing counsel to advise the court of their inability to appear at the time the case is called. In the event counsel does not advise the court of a conflict, the court may relieve counsel if previously appointed by the court, proceed in that counsel’s absence, or for repeated offenses, sanction counsel.
Source page 4Motion practice
a. Except in cases where an attorney is replaced by a proper substitution of counsel filed with the Criminal Court Clerk’s Office, any change or withdrawal of counsel must be approved by the court on motion brought by order to show cause. The court does not recognize the purported withdrawal by counsel where such withdrawal would result in a party becoming self-represented by the filing of a “Consent to Change Attorney” form.
Source page 4Trial exhibits and witnesses
a. Counsel is reminded that they may sign trial subpoenas duces tecum and subpoenas ad testificandum as officers of the court pursuant to CPL §610.20, except when subpoenas are directed to a state or local government agency. In such cases, they must be so ordered by the court pursuant to CPLR §§2306 and 2307. So Ordered subpoenas are not
Source page 4Trial exhibits and witnesses
a. If at arraignment, or any time thereafter, either the People or defense counsel desire to have a defendant evaluated for fitness and competence to stand trial, such a request should be made in writing to the Criminal Court Clerk’s Office. If the request is made in court on the record, the requesting attorney shall follow up to the court in writing, filed with the Criminal Court Clerk’s Office, copied to opposing counsel, with a letter indicating such request was made on the record and reiterating such request.
Source page 5Motion practice
a. In accordance with the Criminal Procedure Law, omnibus motions are due within 45 days of arraignment on the indictment. Opposition is due within 21 days thereafter, and if a reply is being submitted, it is due seven days thereafter. Sur-replies are not permitted without prior approval from the court. This schedule may be adjusted, on a case-by-case basis, at the request of a party or as the court deems necessary. All other pre-trial motions shall be made in accordance with the Criminal Procedure Law, and Part 200 and Part 202 Court Rules. A motion may be returnable any day, Monday through Friday. Unless the directed by the court, all motions will be decided on submission without oral argument, unless the court decides oral argument is appropriate. If a party wishes to have oral argument, such request must be indicated on the first page of the Notice of Motion, next to the caption or on the first page of their first responsive pleading. Written motions in limine must be made returnable on the day of the Pre-Trial Conference (see below). Such motions must be made on no less than seven (7) days’ notice to opposing counsel and/or a self-represented defendant. Untimely motions will not be decided prior to the trial and/or will not be considered.
Source page 5Adjournments
a. A request to adjourn a motion must be made in writing and transmitted to the Criminal Court Clerk’s Office by email prior to the return date of the motion and copied to all counsel and/or self-represented defendant(s). Prior to making such a request, counsel should attempt to get the consent of opposing party(ies). All applications for adjournments must set forth: (a) the reason why an adjournment is necessary; (b) whether the opposing party(ies) consents or objects to the application; (c) the length of the
Source page 5Adjournments
adjournment sought; and (d) the number of prior requests for adjournment and the dates previously set. The court will advise the parties whether the adjournment is granted and, if so, the new return date for the motion. No more than three (3) adjournments of any motion (or cross-motion) will be permitted unless extraordinary circumstances exist. The total period that a motion may be adjourned shall not exceed 60 days, unless otherwise ordered by the court. No adjournment will be granted on a motion with a return date within 30 days of the trial date.
Source page 6Adjournments
a. Where the adjournment sought is not on consent, the requesting party should briefly set forth why the adjournment is necessary, the length of the adjournment sought, and the reason offered by the non-consenting party for the lack of consent. Opposing counsel or self-represented party may succinctly provide their reasons for objecting to the requested adjournment if opposing counsel believes that counsel’s position has been stated incorrectly. No further communication concerning the request for adjournment will be permitted.
Source page 6Adjournments
a. A pre-trial conference with all counsel, the defendant, and/or self-represented defendant(s) will be conducted before the commencement of jury selection or commencement of a non-jury (bench) trial. This is a mandatory conference and all attorneys, the defendant(s), and self-represented defendant(s) must be present. There will be no adjournments of this conference. At or before the pre-trial conference, counsel and/or a self-represented defendant must provide the court and opposing counsel (or self-
Source page 6Trial exhibits and witnesses
ii. A request to charge which contains a complete list of requested jury charges, drawn from the current Criminal Jury Instructions (CJI) must be submitted by email in Word format to the Court Clerk. Where the requested charge comes directly from the CJI, only the CJI title and CPL Section need to be provided. When deviations from or additions to the CJI are requested, the full text of such requests must be submitted with the modifications in bold, together with any supporting legal authority.
Source page 6Trial exhibits and witnesses
b. Attorneys and self-represented defendants must familiarize themselves with the general court rules regarding jurors, jury selection, and how to conduct voir dire. Attorneys and self-represented defendants must know the difference between cause and peremptory challenges and be prepared with statutory and case law to argue any issues that may arise that concern cause challenges. It is in the court’s discretion to rehabilitate potential jurors during voir dire, and whether to allow a cause challenge.
Source page 7Trial exhibits and witnesses
d. If during voir dire, prospective jurors are asked a question relating to a legal principle that was covered in the preliminary instructions, such question must be preceded by repeating the specific instruction that relates to the legal principle which is the subject of the question. The court reserves the right to clarify and rephrase questions by counsel.
Source page 7Communications with chambers
a. The People and defense counsel shall comply with all discovery requirements under Criminal Procedure Law, Section 245, et seq. Parties who have a discovery dispute are not to wait until the next appearance date to bring such dispute or complaint about non- disclosure to the court’s attention. The parties are not to copy the court on correspondence between counsel concerning discovery issues unless specifically requested to do so by the court. If the parties cannot resolve the discovery issue between themselves after compliance with CPL 245, they shall each send a letter to the court, via e-mail to the Criminal Court Clerk, copied to all parties and/or a self-represented defendant, identifying the outstanding issues, and the court will schedule a conference.
Source page 7Trial exhibits and witnesses
a. Trials Exhibits are to be pre-marked, whenever practicable. Exhibits that are in the custody of law enforcement or other third party(ies) shall be marked when produced during the trial.
Source page 8Trial exhibits and witnesses
a. Objections to questions at trial are to be limited by the objecting party standing (if physically capable) and stating “Objection” and no more than a few words as to the basis for the objection. Speaking objections are prohibited. If the court requires further explanation of the objection, the court will ask for further explanation outside the presence of the jury.
Source page 8Trial exhibits and witnesses
b. Counsel must be cognizant that the jury may be asked to leave the courtroom during argument on an objection, therefore counsel should allow the court time to ask the jury to retire to their deliberation room before the objection is argued and decided.
Source page 8Trial exhibits and witnesses
a. Any party intending to use a video at trial is to submit a copy of the video and transcript of the video, if applicable, to the other party and to the Criminal Court Clerk at least two weeks prior to the scheduled trial date to allow the court to rule on the admissibility of the video and any objections to specific portions of the video recording.
Source page 8Conferences and appearances
a. If a party intends to use any type of demonstrative exhibit which has not been previously marked into evidence during summation, the party must advise the court and all other counsel and/or self-represented defendant(s) of that intention at the charge conference.
Source page 8Conferences and appearances
a. If there is an agreed-upon plea offer, the People shall submit a Superior Court Information (SCI) and all other required forms and papers to the Criminal Court Clerk’s Office requesting an SCI conference date for the court to review the proposed plea. The Court Clerk will schedule the matter and inform the parties of the SCI first appearance date. If the court approves the proposed plea at the first appearance date, the defendant may be arraigned (if not previously arraigned in County Court) and plead at that
Source page 8Adjournments
appearance. If the court has concerns regarding the plea offer, the court will adjourn the matter for further consideration as specifically discussed with counsel at that time. The court will not schedule appearances on an SCI unless the parties have filed all the required SCI documents with the Criminal Court Clerk’s Office prior to the arraignment or first appearance on the SCI.
Source page 9Motion practice
a. Motions pursuant to Criminal Law, Section 220.60 must be made in writing, on notice to the People, and must contain a certified copy of the plea minutes. A motion to withdraw a plea that does not have a certified copy of the plea transcript appended will be summarily rejected. A CPL 220.60 motion may be made by notice of motion or by order to show cause.
Source page 9Communications with chambers
a. All pre-sentence memoranda, letters regarding sentence, and any other appropriate material either party wants the court to consider must be received by chambers no less than two business days prior to the date of sentence. The Criminal Court Clerk’s Office will email the pre-sentence investigation report upon receipt from the Columbia County Department of Probation, and a printed copy will be available to counsel prior to and at the time of sentencing. A self-represented defendant should contact the Criminal Court Clerk’s Office by email to view the presentence report. If a sentence includes payment of restitution, the People must submit a proposed restitution order, on notice to the defendant, prior to the date of sentencing, indicating the amount of restitution, the intended recipient, and how the restitution will be paid. If a sentence requires the payment of a fine and/or surcharge, all defendants will be required to pay all fines and surcharges on the day of sentencing, unless otherwise directed by the court. The court and Criminal Court Clerk’s Office do not accept payments of fines, surcharges, DNA fees, victim impact fees, or any other fines or surcharges.
Source page 9Adjournments
b. Any request for an adjournment of sentencing must be made at least five days prior to the sentencing date and must contain a concise reason for the need for the adjournment. All requests for an adjournment of a sentencing date must be in writing, filed with the Criminal Court Clerk’s Office, and copied to all parties.
Source page 9Motion practice
a. Motions pursuant to CPL 440 must be made by notice of motion (not by order to show cause). The original of which must be filed with the Criminal Court Clerk’s Office, Columbia County Court. An original affidavit of service must accompany the submission.
Source page 9Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Columbia County County Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
Columbia County County Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Columbia County County Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Columbia County County Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗