New York's Commission on Judicial Nomination should consider a broader range of categories when determining if a potential nominee for New York's top court is qualified to serve in order to expand diversity on the bench, a top lawmaker wrote in a letter this week.
Deputy Senate Majority Leader Mike Gianaris in the letter sent Monday urged members of the influential commission to considered aspects like lived experiences and potential nominees who have worked in areas like civil rights, indigent defense and housing.
The letter comes amid the pending retirement of Judge Eugene Fahey from the state Court of Appeals, New York's highest court. Nominees to the court are confirmed by the state Senate. His retirement would be the first vacancy for Gov. Kathy Hochul to fill on the court, which is now composed of appointments made by former Gov. Andrew Cuomo.
Unlike the U.S. Supreme Court, the confirmation process is often a low-drama process that is quietly played out in the Capitol.
But crucial to the advancement of any nominee to the court by the governor is the nominating commission, which sends a list of recommendations to the state's chief executive with "qualified" or "not qualified' ratings based largely on their resumes and professional reputations.
Gianaris wrote in the letter the commission should go beyond those metrics.
"It is my strong belief your future recommended candidates should add to the diversity of the court – looking beyond simply career jurists and prosecutors – including attorneys from a variety of professional backgrounds, personal lived experiences, and areas of the state," he wrote in the letter.
At the same time, Gianaris wrote the commission should seek out public input and allow experts to offer "holistic ratings" of the nominees.
"We cannot eliminate the benefit of an individual’s lived experience and those with unique professional backgrounds," he wrote. "I believe we need to fully revisit what constitutes a qualified Court of Appeals jurist – surely, a documented history of legal excellence, but also leadership in varied areas of law, and a life of service to others."