Mark A. Montour at a glance
- Current role
- Judicial Officer
- Jurisdiction
- New York · State
- Judicial service
- Active
Mark A. Montour
Judicial Officer · Erie County Supreme Court
Judicial assignments
- New York Supreme Court, Appellate Division, Fourth DepartmentAssociate JusticeSource checked October 15, 2026. Roster source
These published assignments do not certify a complete bench.
Biography
Professional career
- Supreme Court Justice, Supreme Court, 8th Judicial District, Elected, 2014 to 2027
- Justice, New York Supreme Court, Erie County, NY, 2014-2027
- Associate Justice of the New York State Appellate Division, Fourth Department, appointed in 2022, and the first Native American to serve in that role
- Acting Judge, Buffalo City Court, Buffalo, NY, 2010-2013
- Justice, Town of Lancaster, Lancaster, NY, 2008-2013
- State facilitator for the New York–Federal–State and Tribal Courts and Indian Nations Justice Forum
- held the role of Acting Administrative Judge for the 8th Judicial District and Supervising Judge for Genesee and Wyoming County Town and Village Justice Courts
Education
- JD — University at Buffalo — 1983
- Canisius College — B.A. (1980)
Additional information
- Appointed by Governor Kathy Hochul on September 29, 2022 to the Appellate Division’s Fourth Judicial Department, which serves Central and Western New York.
- Earlier, as Acting Judge on Buffalo City Court (2010–2013), he created the Lancaster Problem-Solving Court, a drug diversion program that helped participants avoid incarceration and reintegrate into society
- Practitioner, Law Office of Mark A. Montour, NY, 2005-2013
- Also held the role of Town Justice for the Town of Lancaster (2008–2010) and as a Town Council member (1996–2008)
- Practitioner, Amigone, Sanchez, Mattrey & Marshall, 1987-2005
- Sargent & Repka, 1983-1987
- Current court assignment: New York State Supreme Court, Erie County
- The first Indigenous person to hold a judicial position in the New York State Appellate Division.
- His appointment marks a historic milestone in New York’s judiciary, reflecting both his legal expertise and his role in advancing culturally competent justice systems
- Montour is an enrolled member of the St. Regis Mohawk Indian Nation and recognized on the Kahnawake Kanien'keha:ka Registry.
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 ↗
Published courtroom rules
Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Erie County Supreme 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
Erie County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Practice Rules of the Appellate Division — 22 NYCRR Part 1250
New York Supreme Court, Appellate Division, Fourth Department
Appellate Division matters only; not Appellate Terms or the Court of Appeals. Preserve the applicable department rules.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Erie County Supreme Court; New York Supreme Court, Appellate Division, Fourth Department
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
Erie County Supreme Court; New York Supreme Court, Appellate Division, Fourth Department
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 27, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System official judicial roster
Identity source · HTML · Source checked July 27, 2026
View New York State Unified Court System official judicial roster ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗