Barbara Dale Underwood (born August 16, 1944) is an American lawyer serving as the solicitor general of New York. She was first appointed to the position in January 2007 by Andrew Cuomo, who was then serving as the state's attorney general. Underwood was reappointed in 2011 by Attorney General Eric Schneiderman.

Underwood herself served briefly as the attorney general of New York upon Schneiderman's resignation from the position on May 8, 2018. She declined to seek the office in the 2018 New York state elections, and resumed the position of Solicitor General after Letitia James was sworn in to succeed her on January 1, 2019. Underwood was the first woman to serve as Attorney General of New York.

Early life and education

Underwood was born in Evansville, Indiana, to Dr. Robert Underwood and Mildred Kinstein Underwood. She grew up in Belleville, New Jersey, and is the eldest of three daughters.{{Cite news|url=https://www.nytimes.com/1998/04/09/nyregion/public-lives-smart-lawyer-for-a-rich-querulous-uncle.html|title=Public Lives; Smart Lawyer for a Rich, Querulous Uncle|last=Hoffman|first=Jan|date=April 9, 1998|newspaper=The New York Times|access-date=February 9, 2017|issn=0362-4331}} Underwood earned a Bachelor of Arts magna cum laude from Radcliffe College of Harvard University in 1966 and received a Juris Doctor from Georgetown University Law Center in 1969.

While Underwood was a student at Radcliffe in 1963, she worked at WJRZ as news editor and got engaged to Howard Allen Cohen, a second year student at Rutgers Law School, who was also working at WJRZ.{{cite news |title=Barbara Underwood Is Planning Nuptials |url=https://www.nytimes.com/1964/01/26/archives/barbara-underwood-is-planning-nuptials.html |access-date=June 14, 2018 |newspaper=The New York Times |date=January 16, 1964}}

Legal career

After graduation, Underwood clerked for Chief Judge David L. Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit and then Associate Justice Thurgood Marshall of the Supreme Court from 1971 to 1972.{{Cite web|url=https://ag.ny.gov/senior-staff|title=Senior Staff {{!}} www.ag.ny.gov|website=ag.ny.gov|language=en|access-date=February 9, 2017|archive-url=https://web.archive.org/web/20170211075033/https://ag.ny.gov/senior-staff|archive-date=February 11, 2017|url-status=dead}} After leaving the Court, Underwood was a law professor for 10 years at the Yale Law School, from 1972 to 1982. She also has taught at Brooklyn Law School and at New York University School of Law.

Underwood left academia to work in the Kings County District Attorney's Office.{{cite news|last1=Kurtz|first1=Howard|title=The Private Public Prosecutor|url=https://www.washingtonpost.com/archive/lifestyle/1987/10/27/the-private-public-prosecutor/543dcb63-ce18-417e-99b6-acb154b6b921/|access-date=September 28, 2017|newspaper=Washington Post|date=October 27, 1987}} She later served in the District Attorneys for three different counties in New York City: she was an Assistant District Attorney in New York County, Chief of Appeals and Counsel to the District Attorney in Kings County (Brooklyn), and Senior Executive Assistant District Attorney for Legal Affairs in Queens County. She then served as Chief Assistant United States Attorney and later Counsel to the United States Attorney for the Eastern District of New York.{{Cite news|url=http://www.nydailynews.com/blogs/dailypolitics/attorney-general-elect-eric-schneiderman-appointments-blog-entry-1.1682292|title=Here's Attorney General-Elect Eric Schneiderman's First Round Of Appointments|newspaper=NY Daily News|date=December 22, 2010|access-date=February 9, 2017|language=en}}{{cite news|last1=Mustain|first1=Gene|title=Court Opens Spy Heaing|url=http://www.nydailynews.com/archives/news/court-opens-spy-hearing-article-1.716904|access-date=May 10, 2017|work=New York Daily News|date=June 9, 1996}}

In 1998, Underwood was appointed by United States Attorney General Janet Reno to be Principal Deputy Solicitor General under Solicitor General Seth P. Waxman.{{cite press release |url = http://www.usdoj.gov/opa/pr/1998/March/111.htm.html | title = Underwood Appointed Principal Deputy Solicitor General | publisher = United States Department of Justice | date= March 11, 1998 | access-date = May 8, 2018 }} Underwood held that position for three years, and then served as Acting Solicitor General from January to June 2001, making her the first woman to act as Solicitor General.{{Cite web|url=http://www.thecrimson.com/article/2009/1/5/obama-names-law-school-dean-solicitor/|title=Obama Names Law School Dean Solicitor General|last1=Groll|first1=Elias J.|last2=Jiang|first2=Athena Y.|date=January 5, 2009|website=www.thecrimson.com|language=en|access-date=February 9, 2017}} After working in the U.S. Attorney's Office in New York for several years, in 2007 she was appointed Solicitor General of the State of New York, a position she held under three state Attorneys General.{{cite news|title=Attorney General Andrew Cuomo appoints top legal team to Martin Tankleff case|url=http://www.nydailynews.com/news/crime/attorney-general-andrew-cuomo-appoints-top-legal-team-martin-tankleff-case-article-1.343638|access-date=May 9, 2017|work=New York Daily News|agency=Associated Press|date=January 18, 2008}} She has argued twenty-two cases before the U.S. Supreme Court, and many cases before the federal and state appellate courts.{{cite web|url=https://www.oyez.org/advocates/barbara_d_underwood|title=Cases argued by Barbara Underwood|publisher=Oyez!|access-date=April 4, 2017}}

She became Acting Attorney General of New York on May 8, 2018, following the resignation of Eric Schneiderman.{{cite news | access-date = May 8, 2018 | url = https://www.newsday.com/news/region-state/attorney-general-schneiderman-assault-resign-1.18447687 | work = Newsday | date= May 8, 2018 | title= Acting AG named as Dems mull replacement | first= Yancey | last= Roy }} The State Legislature picked Underwood as the replacement to fill the remainder of Schneiderman's term on May 22, 2018.Colby Hamilton. "[https://www.law.com/newyorklawjournal/2018/05/22/underwood-set-to-be-chosen-as-interim-attorney-general/?slreturn=20180422162933 Lawmakers Select Underwood as Interim Attorney General]." New York Law Journal. May 22, 2018. Underwood pledged not to seek elected office and fill out the remainder of Schneiderman's term until an elected successor is sworn in.Karen Dewitt "[http://wxxinews.org/post/barbara-underwood-named-interim-nys-attorney-general Barbara Underwood named interim NYS Attorney General]" WXXI News May 22, 2018 As Attorney General, Underwood successfully sued Donald Trump and his foundation, Donald J. Trump Foundation, for "a pattern of persistent illegal conduct."{{Cite news|url=https://www.cnbc.com/2018/06/14/new-york-attorney-general-sues-trump-and-family-over-charity.html|title=New York attorney general sues Trump and family over charity, claiming 'illegal conduct'|last=Mangan|first=Dan|date=June 14, 2018|work=CNBC|access-date=June 14, 2018}}{{Cite news|url=https://www.vox.com/2018/6/14/17464010/trump-foundation-new-york-lawsuit|title=Read: New York attorney general's new lawsuit against Trump Foundation, President Trump, and his children|last=Prokop|first=Andrew|date=June 14, 2018|work=Vox|access-date=June 14, 2018}}

The Attorney General's office passed to Letitia James following her victory in the 2018 New York state elections.{{cite news |work=NBC News |agency=The Associated Press |title=New York's 1st female attorney general closes surprise tenure as leading Trump antagonist |date=January 1, 2019 |access-date=January 1, 2019 |url=https://www.nbcnews.com/politics/politics-news/new-york-s-1st-female-attorney-general-closes-surprise-tenure-n953536}} Underwood, who had never sought or held elective office, professed contentment when she returned to the Solicitor General's office in January 2019. "I like that role, and so I'm happy to go back to doing it," she told an AP interviewer at the time. "I have come to like this too. It's not that I'm eager to leave this, but I'm very happy to be going on to something that I know I like." Underwood left the office having made history as the first woman to serve as Attorney General of New York.{{cite news|last1=McKinley|first1=Jesse|title=Barbara Underwood approved as state attorney general; first woman to hold post|url=https://www.nytimes.com/2018/05/22/nyregion/barbara-underwood-approved-as-state-attorney-general-first-woman-to-hold-post.html|access-date=May 24, 2018|newspaper=The New York Times|date=May 22, 2018}}

On November 30, 2020, as Solicitor General of New York, Underwood argued the case Trump v. New York on behalf of New York State.{{cite web| url = https://www.c-span.org/video/?477428-1/trump-v-york-oral-argument&live| title = [Trump v. New York] Oral Argument {{!}} C-SPAN.org}}

On November 3, 2021, as Solicitor General of New York, Underwood unsuccessfully argued the case New York State Rifle & Pistol Association, Inc. v. Bruen on behalf of respondents.{{Cite web|title= 20-843_7m5e.pdf |url=https://www.supremecourt.gov/oral_arguments/audio/2021/20-843|website=SupremeCourt.gov}}

Honors and awards

In 2012, the American Inns of Court presented her with its Professionalism Award for the Second Circuit, honoring her mentorship of attorneys throughout her career.{{cite web|title=The Honorable Barbara D. Underwood to Receive the 2012 American Inns of Court Professionalism Award for the Second Circuit|url=https://inns.innsofcourt.org/about-us/awards/professionalism-awards/professionalism-award-list-of-recipients/the-honorable-barbara-d-underwood-to-receive-the-2012-american-inns-of-court-professionalism-award-for-the-second-circuit.aspx|publisher=Inns of Court|access-date=April 4, 2017|archive-url=https://web.archive.org/web/20170405170447/https://inns.innsofcourt.org/about-us/awards/professionalism-awards/professionalism-award-list-of-recipients/the-honorable-barbara-d-underwood-to-receive-the-2012-american-inns-of-court-professionalism-award-for-the-second-circuit.aspx|archive-date=April 5, 2017|url-status=dead}} In May 2016, Radcliffe College conferred on her an honorary membership in Phi Beta Kappa.{{cite magazine|last1=Nguyen|first1=Sophia|title=Poet and Renaissance Scholar Launch Commencement Week|url=http://harvardmagazine.com/2016/05/commencement-phi-beta-kappa|magazine=Harvard Magazine|access-date=September 28, 2017|date=May 24, 2016}}Colby Hamilton. "[https://www.law.com/newyorklawjournal/2018/05/22/underwood-set-to-be-chosen-as-interim-attorney-general/?slreturn=20180422162933 Lawmakers Select Underwood as Interim Attorney General]." New York Law Journal. May 22, 2018.

Family

Underwood has lived in New York City since 1982. She was married to Martin Halpern, a former Brandeis University professor of playwriting and dramatic literature, who died on September 10, 2023.{{cite news|title=Barbara Underwood Marries a Playwright|url=https://www.nytimes.com/1985/08/05/style/barbara-underwood-marries-a-playwright.html?mcubz=1|access-date=September 28, 2017|work=The New York Times|date=August 5, 1985}} Underwood lives in Brooklyn and has one son, Robert, born in 1986. Underwood had one previous marriage which ended in divorce.

Underwood is Jewish.{{cite tweet |last=Underwood |first=Barbara |author-link= |user=newyorkstateag |number=897580156734361600 |date=15 August 2017 |title=I am Jewish. There are New Yorkers still alive today who fought against Nazis, or survived the concentration camps. |language=en |retweet= |link=https://twitter.com/newyorkstateag/status/897580156734361600 |access-date=18 December 2018 }}

Selected publications

{{cite journal|last1=Underwood|first1=Barbara D.|title=Comment: The Thumb on the Scales of Justice: Burdens of Persuasion in Criminal Cases|journal=Yale Law Journal|date=1977|volume=86|page=1299|doi=10.2307/795788|jstor=795788|url=http://digitalcommons.law.yale.edu/fss_papers/3050/}}
{{cite journal|last1=Underwood|first1=Barbara D.|title=Law and the Crystal Ball: Predicting Behavior with Statistical Inference and Individualized Judgment|journal=Yale Law Journal|date=1979|volume=88|issue=7|pages=1408–1448|doi=10.2307/795726|jstor=795726|url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4140&context=fss_papers}}
{{cite journal|last1=Underwood|first1=Barbara D.|title=Against Dichotomy|journal=Yale Law Journal|date=1981|volume=90|issue=5|pages=1004–1006|doi=10.2307/795936|jstor=795936|url=http://digitalcommons.law.yale.edu/fss_papers/3048/}}