A panel charged with selecting candidates for Gov. Kathy Hochul to nominate a chief judge to lead New York's court system should send her a diverse list of potential nominees, Democrats in the state Senate on Tuesday urged in a letter.
Selecting a new chief judge to replace Janet DiFiore, who officially retired from the post last month, is expected to be a closely watched process for what has traditionally been a sleepy one.
The political stakes for Democrats over the last several months have come into stark relief after the DiFiore-led court this spring struck down lawmaker-drawn legislative boundaries for the state Senate and U.S. House of Representatives. But more broadly, policy fights over issues like abortion rights, LGBTQ rights, criminal justice and other key concerns have led some progressive advocates to place more emphasis on state-level courts.
“Court of Appeals judges must be defined by a lifetime of legal excellence, but that cannot be limited to people in just a few, select fields,” said state Sen. Mike Gianaris, the chamber's No. 2 Democrat. “For the Court to reflect the values of our state, its jurists should represent that excellence in different areas of the law and a commitment to serving others. That is especially important of the Chief Judge, who not only sets the tone for the Court but administers the state’s entire court system.”
All together, 20 Democrats in the state Senate signed on to the letter released by Gianaris and Senate Judiciary Committee Chairman Brad Hoylman.
“Last year, the Commission on Judicial Nomination included several candidates with a diverse personal and professional background in selecting its short list for the vacancy on the Court of Appeals,” Hoylman said. “This year, with the vacancy of the Chief Judge and the direction of New York’s highest court at stake, it’s more important than ever that the Commission select candidates with a commitment to ensuring equity and justice for the most vulnerable New Yorkers.”
Hochul is expected to receive a list of candidates considered qualified by the nominating commission in the coming weeks. The nominee by the governor is subject to state Senate confirmation.
Governors typically have broad discretion for the nominee once the slate of candidates is sent to their office. Historically, the process of judicial nominations and confirmations is far more prefunctory than the battles over vacant Supreme Court seats at the federal level.
But in recent years, advocates and lawmakers have taken heightened interest in Court of Appeals nominations given the court's sway over a variety of state-level issues. At the same time, the chief judge also has administrative duties over a sprawling court system in New York.
More than 100 progressives organizations in July urged Hochul to nominate a judge who will protect vulnerable communities.
In a Capital Tonight interview last month, Hochul said there would be no "litmus test" for the selection.
“I want to make sure that this committee knows that I’m not having a litmus test related to anyone’s past experiences, whether they’ve been a defense lawyer, a prosecutor or an academic or someone who is a lawyer in the private sector, or a judge," Hochul said. "I’m looking for a thoughtful jurist, someone who has independence."