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Judicial Selection in the Courts of New
York
In the New York State court system, the vast majority of state
judges are elected; while some are appointed, the methods vary.
Court of Appeals
Vacancies on New York's highest court, the Court of Appeals, are
filled via merit selection. Candidates submit their "applications"
to the Commission on Judicial Nomination, a bipartisan body of 12
members. Four members are appointed by the Governor; four by the
Chief Judge; one each by the Senate Majority Leader and the Assembly
Speaker; and one each by the Senate and Assembly Minority Leaders.
At least two of the Governor's and two of the Chief Judge's appointees
must be non-lawyers. The Commission evaluates the candidates, determines
which deserve the designation "well-qualified," and narrows
the list of well-qualified candidates to a maximum of seven. This
list is forwarded to the Governor, who may choose only from the
candidates on it. The Governor's nominee is then sent to the New
York State Senate for confirmation.
Appellate Division
Vacancies in the Appellate Division, New York's intermediate appellate
court, are filled by gubernatorial appointment. The Governor chooses
from among existing Supreme Court justices (who reached the bench
via election) within that Department.
Appellate Term
Justices of the Appellate Term of Supreme Court, which exists only
in the First and Second Judicial Departments, are chosen by the
Chief Administrative Judge, with the approval of the Presiding Justice
of the Appellate Division. Justices are selected from the ranks
of elected Supreme Court Justices in the Department.
Supreme Court
Justices of the Supreme Court, New York's trial court of general
jurisdiction, are elected by the voters of the judicial district
in which they serve. Candidates do not run in primaries; rather,
they are nominated by judicial conventions in their districts. Cross-endorsements
between parties are permitted, which means that, in some instances,
voters in the general election may be faced with the same candidate's
name on the Democratic, Republican, Liberal, Conservative, Independent,
Right-to-Life, and other parties' lines on the ballot. When an interim
vacancy occurs (for example, when a justice retires prior to the
expiration of his or her term), the Governor appoints an interim
justice, who must be confirmed by the Senate. The interim justice's
term expires at the next general election, at which time he or she
must run (and win) in order to retain the office. the Office of
Court Administration also has authority to elevate judges who sit
on lower courts (for example, County Court or Family Court) to the
Supreme Court to address caseload needs. Such judges are known as
"Acting Supreme Court Justices."
Surrogate's Court
Surrogate's Court judges, known simply as Surrogates, are nominated
by their local party organizations. They are elected by the voters
of the county in which they serve.
Court of Claims
Judges of the Court of Claims, which hears cases against the State
of New York, are appointed by the Governor and confirmed by the
Senate. The Governor also designates a "Presiding Judge"
of the Court of Claims.
County Court County Court judges are nominated by their county political
party organizations,and are elected by the voters of the county
in which they serve. In some areas, particularly in rural upstate
counties, County Court judges must do double or treble duty, serving
simultaneously as the local Family Court judge and/or as the local
Surrogate.
Family Court
Like County Court judges, Family Court judges are also nominated
by their local parties, and are elected by the voters in the counties
in which they serve. There is one exception to this rule: In New
York City, Family Court judges are appointed by the Mayor.
City Court, District Court, Civil and Criminal
Courts of the City of New City of New York, and Housing Court
Voters also elect the judges of the District Courts of Long Island,
the City Courts outside New York City, and the Civil Court of the
City of New York. Judges of the Criminal Court of the City of New
York, as well as the Family Court in New York City, are screened
by the Mayor's Advisory Committee on the Judiciary, which submits
a list of qualified candidates, from which he makes the appointment.
The Mayor also has authority to appointment judges to fill interim
vacancies on the New York City Civil Court. Finally, the New York
City Housing Court is actually a Part of the New York City
Civil Court; the Administrative Judge of the Civil Court appoints
its judges.
Town and Village Justice Courts
The final tier of courts in New York comprises the town and village
justice courts. Again, justices are elected by the voters in their
municipalities. However, unlike judges of all other New York State
courts, justices of the town and village justice courts need not
be lawyers (although they are required to undergo certain training).
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