Judicial selection in New York
| Judicial selection in New York | |
 | |
| State of New York Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 14 years |
| New York Supreme Court, Appellate Division | |
| Method: | Gubernatorial appointment |
| Term: | 5 years or end of supreme court term |
| Supreme Court of the State of New York | |
| Method: | Partisan election |
| Term: | 14 years |
| New York County Courts | |
| Method: | Partisan election |
| Term: | 10 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in New York, including:
- State of New York Court of Appeals,
- New York Supreme Court, Appellate Division,
- Supreme Court of the State of New York,
- New York County Courts, and
- Limited jurisdiction courts
As of September 2021, judges for the New York Court of Appeals were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges for the New York Supreme Court, Appellate Division were appointed from justices on the supreme court. New York Supreme Court and New York County Courts judges were elected in partisan elections. Some lower court judges were elected, and some were appointed.
Click here to notify us of changes to judicial selection methods in this state.
It is important to note that the New York Supreme Court is not the state's court of last resort. The New York Court of Appeals is the state's highest court, and the New York Supreme Court serves as the principal trial court.[1]
Under the New York Constitution, elected judges' terms begin on January 1 following their election.
State of New York Court of Appeals
- See also: State of New York Court of Appeals
The seven judges of the New York Court of Appeals are selected through the assisted appointment method. The governor appoints each new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate.[2][3]
Judges serve 14-year terms. To remain on the court, a judge must be renominated by the governor and reconfirmed by the Senate. Judges must retire at the end of the year in which they turn 70 years old; however, retired judges may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.[2][3]
Qualifications
To serve on this court, a person must be a resident of New York and must have been admitted to practice law in New York for at least 10 years.[2][3]
Chief judge
The chief judge of the court of appeals is selected through the same assisted appointment method as other judges on the court and serves in that role for a full term. The position of chief judge is a specific seat on the court rather than a temporary leadership position.[2][3]
Vacancies
Midterm vacancies are filled by assisted appointment. The governor appoints a new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate. The newly appointed judge serves a full 14-year term.[2][3]
The map below highlights how vacancies are filled in state supreme courts across the country.
New York Supreme Court, Appellate Division
The justices of the New York Supreme Court, Appellate Division are appointed by the governor from among the justices of the New York Supreme Court. As established by executive order in 2011, the governor must appoint justices to the appellate division from a list of recommendations supplied by a judicial screening committee.[2][3][4]
Appellate division justices serve five-year terms, or until the end of their supreme court term, whichever comes first. Justices are retained using the same appointment process, and subsequent terms are also five years.
Supreme court justices must retire at the end of the year in which they turn 70 years old; however, retired justices may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.[2][3]
Qualifications
To serve on this court, a person must be a resident of New York, must have been admitted to practice law in New York for at least 10 years, and must be at least 18 years old.[2]
Presiding justices
The presiding justice of each appellate division is appointed by the governor from supreme court justices recommended by the judicial screening committee. The presiding justice serves in that capacity for the duration of his or her term.[2][3][4]
Vacancies
Midterm vacancies are filled by the same appointment method used at the expiration of a full term. The governor appoints justices to the appellate division from a list of recommendations supplied by a judicial screening committee.[2][3]
Supreme Court of the State of New York
- See also: Supreme Court of the State of New York
The justices of the Supreme Court of the State of New York are elected to 14-year terms in partisan elections. Candidates are selected at partisan nominating conventions to appear on the general election ballot.[2][3][5]
To serve additional terms, justices must run for re-election. Justices must retire at the end of the year in which they turn 70 years old; however, retired justices may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.[2][3]
Qualifications
To serve on this court, a person must be a resident of New York, must have been admitted to practice law in New York for at least 10 years, and must be at least 18 years old.[2]
Vacancies
In the event of a midterm vacancy, the governor must appoint a justice from a list of recommendations supplied by a judicial screening committee.[4] The appointment must be confirmed by the state Senate. An election must be held for the seat at the next general election occurring at least three months after the vacancy occurred.[2][3]
New York County Courts
- See also: New York County Courts
Judges of the New York County Courts are elected in partisan elections to 10-year terms.[2][1]
To serve additional terms, justices must run for re-election. Justices must retire at the end of the year in which they turn 70 years old.[2][3]
Qualifications
To serve on this court, a person must be a county and state resident, must have been admitted to practice law in New York for at least five years, and must be at least 18 years old.[2]
Vacancies
In the event of a midterm vacancy, the governor must appoint a judge from a list of recommendations supplied by a judicial screening committee.[4] The appointment must be confirmed by the state Senate. An election must be held for the seat at the next general election occurring at least three months after the vacancy occurred.[2][3]
Limited jurisdiction courts
New York has eight types of limited jurisdiction courts: New York Court of Claims, New York Family Courts, New York Surrogates' Courts, New York City Civil Court, New York City Criminal Courts, New York District Courts, New York City Courts, and New York Town and Village Courts.[6][1]
New York Court of Claims
- See also: New York Court of Claims
Judges of the New York Court of Claims are appointed to nine-year terms by the governor of New York and must be confirmed by the New York State Senate. To serve on this court, a person must be a state resident, must be at least 18 years old, and must have been admitted to practice law in the state for at least 10 years. This court has a mandatory retirement age of 70 years.[6][1]
New York Family Courts
- See also: New York Family Courts
In counties outside of New York City, judges of the New York Family Courts are elected in partisan elections to 10-year terms. In New York City counties, they are appointed by the mayor of New York City to 10-year terms. To serve on this court, a person must be a state and county resident, must be at least 18 years old, and must have been admitted to practice law in the state for at least 10 years. This court has a mandatory retirement age of 70 years.[6][1]
New York Surrogates' Courts
- See also: New York Surrogates' Courts
Judges of the New York Surrogates' Courts are elected in partisan elections. Outside of New York City counties, surrogates' court judges serve 10-year terms. In New York City counties, they serve 14-year terms. To serve on this court, a person must be a state and county resident, must be at least 18 years old, and must have been admitted to practice law in the state for at least 10 years. This court has a mandatory retirement age of 70 years.[6][1]
New York City Civil Court
- See also: New York City Civil Court
Judges of the New York City Civil Court are elected to 10-year terms in partisan elections, with the following exception: Judges of the New York City Housing Court are appointed to five-year terms by the Chief Administrative Judge of the State of New York. To serve on this court, a person must be a resident of New York State and New York City, must be at least 18 years old, and must have been admitted to practice law in the state for at least 10 years. This court has a mandatory retirement age of 70 years.[6][1][7]
New York City Criminal Courts
- See also: New York City Criminal Courts
Judges of the New York City Criminal Courts are appointed to 10-year terms by the mayor of New York City. To serve on this court, a person must be a resident of New York State and New York City, must be at least 18 years old, and must have been admitted to practice law in the state for at least 10 years. This court has a mandatory retirement age of 70 years.[6][1]
New York District Courts
- See also: New York District Courts
Judges of the New York District Courts are elected to six-year terms in partisan elections. To serve on this court, a person must be a state and county resident, must be at least 18 years old, and must have been admitted to practice law in the state for at least five years. This court has a mandatory retirement age of 70 years.[6][1]
New York City Courts
- See also: New York City Courts
Judicial selection methods for New York City Courts vary by city; judges may be elected or appointed. The term for full-time judges is 10 years, and the term for part-time judges is six years. To serve on this court, a person must be a resident of the city and state, must be at least 18 years old, and must have been admitted to practice law in the state for at least five years. This court has a mandatory retirement age of 70 years.[6][1]
New York Town and Village Courts
- See also: New York Town and Village Courts
Judges of the New York Town and Village Courts are elected to four-year terms in partisan elections. To serve on this court, a person must be a state resident and a resident of the town or village and must be at least 18 years old. If not an attorney, judges must participate in a certification process and continuing education.[6][1]
History of judicial selection
The following timeline from the National Center for State Courts outlines changes to judicial selection methods in New York.[8]
| “ |
1777 Judges appointed for life by the governor with council consent. 1822 All judges except county court judges appointed for life by the governor with senate consent. County court judges appointed for five-year terms by the governor with senate consent. 1847 All judges except county court judges elected by the people to eight-year terms. County court judges elected by the people to four-year terms. 1876 Terms of county court judges increased from four to six years. Terms of all other judges increased from eight to fourteen years. 1895 Appellate division of supreme court created. Justices appointed by the governor from among those elected to the supreme court. Justices serve five-year terms, except the presiding justice who serves a fourteen-year term. 1913 County court judges elected by the people to six-year terms, except in New York County where judges serve fourteen-year terms. 1961 A new judiciary article created the unified court system. County courts were continued outside New York City, with judges elected by the people to ten-year terms. 1975 Governor Carey became the first New York governor to create judicial screening committees by executive order to nominate candidates for appointment to the court of claims and the appellate division of the supreme court. 1977 Voters approved a constitutional amendment calling for merit selection of judges of the court of appeals. [9] |
” |
Courts in New York
In New York, there are four federal district courts, a state court of appeals, a state supreme court, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
- Federal courts
- State court of appeals
- State supreme court
- Trial courts
- Courts in New York City
- Courts of limited jurisdiction
The image below depicts the flow of cases through New York's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[10]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[11] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 NYCourts.gov, "The New York State Courts: An Introductory Guide," archived March 18, 2016
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 National Center for State Courts, "Methods of Judicial Selection: New York," accessed September 12, 2021
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 New York State, "The Constitution of the State of New York," accessed September 12, 2021 (Article VI)
- ↑ 4.0 4.1 4.2 4.3 New York State, "EO #15 Establishing Judicial Screening Committees," archived August 11, 2011
- ↑ New York City Bar, "Judicial Selection Methods in the State of New York," March 2014
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 National Center for State Courts, "Methods of Judicial Selection: New York | Limited Jurisdiction Courts," accessed September 12, 2021
- ↑ NYCourts.gov, "New York City Housing Court | Housing Court Judges," accessed September 12, 2021
- ↑ National Center for State Courts, "History of Reform Efforts: New York," accessed September 12, 2021
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York
State courts:
New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts
State resources:
Courts in New York • New York judicial elections • Judicial selection in New York
