 In November 1973, he was elected on the Republican and Liberal tickets Chief Judge of the Court of Appeals, defeating Democrat Jacob D. Fuchsberg and Conservative James J. Leff.As Chief Judge, he was a strong proponent of changing the way of choosing the Court of Appeals' judges from popular election, which had been the system since its establishment in 1846, to having them appointed by the Governor and confirmed by the New York State Senate.New York State voters approved the constitutional amendment.