Magistrate Judge Sarah L. Cave
On January 3, 2025, Marian W. Payson retired after serving nearly 22 years as a United States Magistrate Judge in the Western District of New York. Magistrate Judge Payson was appointed to the bench in Rochester in 2003 and subsequently reappointed twice.
After obtaining her bachelor’s degree from Duke University and her law degree from Northwestern University School of Law, Magistrate Judge Payson clerked for Circuit Judge Wilbur F. Pell of the U.S. Court of Appeals for the Seventh Circuit. Following her clerkship, she became a litigation associate at Debevoise & Plimpton LLP, where one of her mentors was Mary Jo White. In 1990, Magistrate Judge Payson joined the U.S. Attorney’s Office for the Southern District of New York, where she served as a federal prosecutor for six years, the last two of which she was deputy chief appellate attorney.
In 1997, Magistrate Judge Payson moved to Rochester, where she became of counsel to the Public Interest Law Office. In 1999, she was appointed to run the New York State Attorney General’s Rochester Office, serving as assistant attorney general in charge until her appointment as a magistrate judge. While in private practice and on the bench, she was very active in city, state, and national bar associations.
REFLECTIONS
Reflecting on changes over the course of her two-and-one-half terms, Magistrate Judge Payson noted a welcome change in the composition of the Rochester bench: When she became a magistrate judge in 2003, Magistrate Judge Payson was the only woman judge in the Western District of New York, but when she retired, there were two women serving as district judges – Chief Judge Elizabeth A. Wolford and Judge Meredith A. Vacca – and she was succeeded by another woman, Magistrate Judge Colleen D. Holland. She acknowledged that the COVID-19 pandemic was the biggest impetus for changes – some for the better, some not – during her tenure. Magistrate Judge Payson also observed over the course of her judicial career a rise in mental health issues among civil litigants and criminal defendants, which presented increasing challenges for judges and attorneys.
Magistrate Judge Payson treasured the community feel in the Western District of New York, which meant seeing many of the same attorneys on a regular basis. She loved the variety of the civil and criminal cases she handled, as well as seeing many of the same attorneys on a regular basis and working with them on bar associations, CLE programs, and court committees.
Among the things Magistrate Judge Payson misses most are her court and chambers family – her judicial assistant was with her for her entire tenure, her courtroom deputy for 21 of her 22 years, and her last law clerk for over a dozen years. She also misses her daily interactions with her judicial colleagues, attorneys, and litigants. Particularly memorable events that she will miss are the naturalization ceremonies she performed at the Women’s Rights National Historical Park in Seneca Falls, New York, an annual tradition that Chief District Judge Wolford has now assumed. Magistrate Judge Payson is especially grateful to have served the last two years of her tenure as co-chair (with Magistrate Judge Jeremiah McCarthy) of the Western District of New York’s 125th Anniversary Committee – a milestone the court marked this year with various programs and celebrations.
TRAVEL
Since retiring, Magistrate Judge Payson has had an active travel schedule, visiting Australia and New Zealand for six weeks as well as shorter weekend trips to cultural sites around western New York and Ontario. She started taking classes, and keeps her robe at hand so she can continue officiating wedding ceremonies – another cherished tradition – which she did earlier this fall (albeit under New York’s “officiant for a day” provision).
Magistrate Judge Payson expressed genuine gratitude for the privilege to serve as a magistrate judge. With her daughter now starting law school, Magistrate Judge Payson has been reminded of the anxieties she had at the beginning of her career, but marvels that her career – as both a government and a private attorney and then as a magistrate judge – was more than she ever could have dreamed when she was in law school. As parting advice, Magistrate Judge Payson encourages the next generation of attorneys and judges to find great mentors, learn as much as possible, take opportunities even if you think you might not be fully ready for them, and become active in bar associations.
The Federal Bar Council Quarterly congratulates Magistrate Judge Payson on a remarkable and productive career and on her retirement.