By MATT CHANDLER
Buffalo Law Journal

Criminal defense attorney David Jay passed away May 18th, ending a five-year battle with thyroid cancer. He was 71.

The Tonawanda resident, best known for his civil-rights work, began practicing law in 1967 and was a former director of the Bar Association of Erie County. It honored him last year with the 2009 Lawyer of the Year Award in recognition of his 40-plus years as an attorney.

In an interview with the Buffalo Law Journal prior to receiving the award, Jay said even after four decades he still had "a lot of fun" practicing law.

"The beauty is, every day, something new happens," he said. "Every day, some court surprises you and it's a learning experience."

In recognizing Jay as Lawyer of the Year, former Bar Association President Giles Manias called him a "fair and civil advocate of high principle" and lauded him for his career spent as a defense attorney.

"Even in those matters where he represented the ‘wrong' side, he made the right arguments to hold the other side accountable. Can anyone say his word was not his bond, ever? Can anyone say he was uncivil to them?" Manias said at the time.

Current President Robert Convissar, who was on hand that day to present the award, said Jay "was greatly touched by that recognition from his fellow attorneys."

Like others, Convissar remembered him as a lawyer who never backed away from the tough cases.

"David Jay was an excellent attorney who fought battles other attorneys wouldn't touch in very sensitive cases, all of which he handled with grace, good humor and excellent lawyering," Convissar said.

His wife, Tina, called her late husband "a champion of the underdog." She said he believed in fighting for those who may not have had the voice to fight for themselves.

"He was so well thought of, I don't think there was one bad word people had to say about him," she said. "He was well-respected and well-loved."

Fellow defense attorney Glenn Edward Murray called Jay "perhaps the finest lawyer I have ever known," describing him as a gentleman both in and out of the courtroom.

"David Jay represented clients in cases that were among the most difficult, dangerous, unpopular and unprofitable. He didn't win all of his cases, but that's the hallmark of lawyers who take the toughest cases," Murray said. "He accepted many cases no lawyers wanted - because it was the right thing to do."

He recalled a case where he worked alongside Jay to win the acquittal of a client.

"In a drug-conspiracy trial years ago, he represented a co-defendant of my client in a month-long trial before Judge Elfvin in federal court. I vigorously cross-examined the lab technician about testing only one part of the suspected drugs seized and the lab technician's assumption that all parts were positive for illegal drugs," Murray said.

"I used an analogy about a box of chocolate-covered cherries, asking, ‘If you tested a box of cherries, would you assume they all had cherries if your test of only one found a cherry?' When I finished my cross-examination, David gave me a warm ‘nice try' look. The next morning, on our defense lawyer table was a box of chocolate-covered cherries, courtesy of David Jay."

Jay was born in Waterbury, Conn., before eventually landing in Buffalo, where he attended the University at Buffalo Law School, graduating in 1967.

He is survived by his wife of 26 years; his younger brother, Daniel Jay; three daughters, Hope Jay, Melissa Jay-Orser and Ariane Jay-Silva; and seven grandchildren.