Submitted by Melissa Carty, VID VP and Chair of Out of District Committee
Judicial Selection in the Courts of New York
In the New York State court system, the majority of state judges are elected but some are appointed. To run for Judge, a person must be a lawyer in New York for 10 Years.
Court of Appeals
The Court of Appeals is New York’s highest court and has the final say in interpreting New York law. The Court of Appeals is filled by gubernatorial appointment. 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 to a maximum of seven “well-qualified” judges. The Governor must choose only from the candidates on the list. 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, chosen from among existing Supreme Court justices.
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.
Manhattan Democratic Supreme & Civil Cour Independent Judicial Screening Panel
The New York County Democratic Committee creates an Independent Screening Panel to report on the qualifications of candidates seeking the nomination of the Democratic Party for seats on the New York State Supreme Court, on the Municipal Court District and the Manhattan Civil Court. The heads of numerous bar associations, community organizations and law schools have been invited to nominate members of the panel, which will be directed to report out the candidates that they consider to be “highly qualified”.
Supreme Court
The Supreme Court is a basic trial court, handling criminal cases, divorces, foreclosures and other types of cases. 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 with each of the five boroughs of New York City acting as its own judicial district. Candidates are nominated by judicial conventions in their districts. Each political party in each borough holds a judicial convention to choose their candidates. These conventions are attended by delegates from each Assembly District. If more than one slate of delegates from a District wants to run than they compete in primary election. The winner slate attends the convention. The candidates chosen in the convention run in the General Election. 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 more than one party’s lines on the ballot such as the Democratic, Republican, Liberal, Conservative, etc. When an interim vacancy occurs, 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/she/they 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.” Judges serve a 14 year term.
Surrogate’s Court
Surrogate’s Court deals with issues of wills and estates. 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. There are two Surrogates each in Brooklyn and Manhattan and one each in Queens, The Bronx and Staten Island. Judges serve a 14 year term.
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.
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
The Civil Court has city-wide jurisdiction over actions and proceedings for small money cases (under $50,000, disputes over property and tenant issues. The Family Court has jurisdiction over actions and proceedings concerning the protection, custody, adoption, and treatment of minors in need of the exercise of the authority of the court because of circumstances of neglect, abuse, delinquency, or dependency; proceedings for marital separation, divorce, or annulment of marriage or dissolution. The Family Court decides on support of dependents, termination of parental rights, the guardianship of minors, and crimes and offenses by or against minors, or between spouses, or between parent and child, or between members of the same family or household. The Family Court may also take jurisdiction over certain matters referred to it by the Supreme Court. Voters elect the judges of 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. They are screened by the Mayor’s Advisory Committee on the Judiciary, which submits a list of qualified candidates, from which he/she/they 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. Civil Court Judges may serve in Criminal and Family Court if needed to handle course load. Judges serve a term of 10 years.
VID and Judicial Candidates
VID participates in the selection of Judicial Candidates the following ways:
1) VID elects judicial delegates to attend the Manhattan Democratic Judicial Convention to vote on Supreme Court Candidates. Should the VID delegates be challenged in the primary, VID Judicial Delegates will run in the primary election. The Delegates meet with Supreme Court Judicial Candidates, and both holds and attends Supreme Court Judicial Candidate forums to assess the candidates’ qualifications.
2)VID attends and holds forums to assess the Civil Court Judicial Candidates.
3) VID holds membership elections to vote on endorsing both Supreme Court and Civil Court Judicial Delegates.
4)VID supports their endorsed Supreme Court and Civil Court Judicial Delegates in their election which includes petitioning, canvassing and providing the assembly district with information on the candidates.
Sources: Judicial Selection in the Courts of New York - The Fund For Modern Courts
NYC Judicial Elections – A Basic Guide | New York City Bar Association
HOW JUDGES ARE ELECTED, APPOINTED, SELECTED, AND ASSIGNED IN NY: