Become A Judge

Download as pdf or txt
Download as pdf or txt
You are on page 1of 57

- 2018 -

HOW TO BECOME A JUDGE

The Association of the Bar of the City of New York


Special Committee to Encourage Judicial Service © 2018

74022875_1
TABLE OF CONTENTS

Page

I. Introduction ........................................................................................................................1

A. The Purpose of This Booklet ...................................................................................1

B. Sources of Further and Updated Information ..........................................................1

C. Prior Trial Experience and Political Party Affiliation or Activity May Not
Be Necessary............................................................................................................2

D. Bar Association Review of Candidates....................................................................3

E. Standards of Review ................................................................................................3

F. When to Apply .........................................................................................................4

II. New York City Courts .......................................................................................................4

A. Appointments to Terms on the Family Court and Criminal Court and to


Interim Appointments to Fill Unexpired Terms for Vacancies on the Civil
Court ........................................................................................................................4

B. Election to the Civil Court of the City of New York ...............................................6

C. Housing Part of the Civil Court ...............................................................................7

III. New York State Courts ......................................................................................................8

A. Election to the Supreme Court of the State of New York........................................8

B. Interim Appointments to Fill Vacancies and Unexpired Terms on the


Supreme Court .......................................................................................................10

C. Acting Supreme Court Justice ...............................................................................10

D. Supreme Court, Appellate Terms ..........................................................................11

E. Supreme Court, Appellate Division, First and Second Departments.....................11

F. Court of Claims ......................................................................................................12

G. Surrogate’s Court ...................................................................................................13

H. Court of Appeals ....................................................................................................14

I. Judicial Hearing Officer .........................................................................................15

74022875_1 i
J. Supreme Court Special Master (volunteer)............................................................16

K. Civil Court Arbitrator (paid) ..................................................................................16

L. Civil Court Small Claims Arbitrator (volunteer) ...................................................17

M. Family Court Support Magistrates (paid) ..............................................................18

N. Court Attorney-Referee (paid) ...............................................................................18

O. Community Dispute Resolution Mediator (paid) ..................................................19

P. State Administrative Law Judge ............................................................................19

IV. United States Courts ........................................................................................................20

A. United States Court of Appeals for the Second Circuit .........................................20

B. United States District Court for the Southern and Eastern Districts of New
York .......................................................................................................................20

C. United States Magistrate Judge..............................................................................21

D. United States Bankruptcy Judge ............................................................................22

E. Administrative Law Judge .....................................................................................22

F. Arbitrator for the Eastern District of New York ....................................................23

V. Committee Members……………………………………...............................................25

74022875_1 ii
Appendices
Page

APPENDIX A New York City Bar Associations (Partial Listing) .............................................27

APPENDIX B Political Organizations (Partial Listing) .............................................................28

APPENDIX C Mayor’s Advisory Committee on the Judiciary .. Error! Bookmark not defined.

APPENDIX D Mayor’s Executive Order No. 4 .......................... Error! Bookmark not defined.

APPENDIX E The Advisory Council of the Housing Part of the Civil Court of
the City of New York .......................................... Error! Bookmark not defined.

APPENDIX F Governor’s Executive Order No. 15 ................... Error! Bookmark not defined.

APPENDIX G State of New York Commission on Judicial NominationError! Bookmark not defined.

APPENDIX H State Screening Committees ............................... Error! Bookmark not defined.

APPENDIX I Sample Judicial Screening Committee QuestionsError! Bookmark not defined.

74022875_1 iii
HOW TO BECOME A JUDGE

Association of the Bar of the City of New York


Special Committee to Encourage Judicial Service

I. Introduction

A. The Purpose of This Booklet

The Special Committee to Encourage Judicial Service is seeking to expand the number of
qualified candidates for judicial office by encouraging applications from persons who previously
have not applied, including those from groups historically unrepresented or underrepresented in
the judiciary as a whole, or in specific judicial offices, such as appellate courts.

In furtherance of these goals, this booklet is intended to provide a description of the


methods of judicial selection; the relevant governmental, political, and other bodies that
participate in the selection processes; and the statutory and other criteria applicable to the
selection process for each judicial position. This information applies to federal and state judicial
offices in the City of New York, although some information is also applicable to judicial
positions outside the City of New York. Of particular interest in New York City, with respect to
Civil Court and Supreme Court, which are elected positions, the process for seeking political
support varies from county to county. With respect to appointment to Criminal, Family, and
Housing Courts, the selection process is centralized and does not vary from county to county.

While many judicial positions are elective, a substantial number are appointive and are
based on the recommendations of judicial screening or nominating committees, which accept
applications from all eligible attorneys. In some instances, appointments are also made to fill
vacancies in elective positions. The following is a partial list of judicial positions that are filled
by appointment: Family Court, Criminal Court, Interim Civil Court, Housing Court, Interim
Supreme Court, Court of Claims, Interim Surrogate’s Court, and Court of Appeals. All federal
judicial positions are filled by appointment.

This booklet also describes several paid and unpaid quasi-judicial positions, such as
arbitrator and support magistrate, which may provide a lawyer with an opportunity to serve in a
decision-making capacity, as opposed to an adversarial position, to determine his or her affinity
for a judicial role.

Those interested in any of these judicial positions are urged to follow the judicial and
legislative processes developments in the press, in judicial decisions, and on government
websites.

B. Sources of Further and Updated Information

Much of the information in this booklet is subject to change. The booklet is current
through November 2018. Current information about specific judicial offices may be obtained
from the sources identified in each respective section of this booklet.

1
74022875_1
The judiciary committees of county bar associations in the City of New York, listed in
Appendix A, may be sources of further information.

C. Prior Trial Experience and Political Party Affiliation or Activity May Not Be
Necessary

1. Political Party Affiliation and Activity

With respect to Family Court, Criminal Court, and Housing Court, political party
affiliation and activity, once a virtual prerequisite to obtaining judicial office, is not a listed
criterion employed by the statutory nominating bodies (e.g., Advisory Council to the Housing
Part of the Civil Court of the City of New York and the Mayor’s Advisory Committee on the
Judiciary). Political affiliation or activity may be a consideration of the ultimate appointing
authority.

In some counties, historically dominated by a single political party, the selection of


candidates for nomination by that party has been virtually tantamount to election in the general
election. In most counties, political considerations, including a history of political party activity,
contributions to political party organizations, and acquaintance with political party officials, may
influence the selection process to varying degrees. Even where the nomination process appears
to be virtually controlled by local political party organizations, the use of screening panels by
these organizations has resulted in the nomination of candidates with little prior political
involvement. The use of screening committees by the various county political organizations has
expanded in recent years.

Because political party organizations have been involved in the selection of candidates
for some of the judicial positions described in this booklet—especially elected judgeships—it
may be helpful to communicate with local or county political party organizations to obtain
further information about candidate selection, including the application process for any pre-
primary election screening bodies. This is important because the procedures of these screening
bodies may change from year to year.

Appendix B to this booklet lists some of the political organizations involved in the
process of judicial selection.

2. Litigation Experience

Traditionally, it was believed that a candidate for judicial office was required to possess
substantial trial experience in order to receive serious consideration. While trial experience
remains helpful, extensive trial experience may not be essential for many judicial positions.

Over the years, non-litigators, including law secretaries, law clerks, professors,
administrators, and lawyers holding positions in government and private sector organizations,
have been selected for judicial office and have proven their ability to learn and perform the
duties of judicial officers. The realization that good jurists do not come exclusively from the
courtroom, combined with the goal of many merit selection judicial screening or nominating
bodies to broaden the pool of potential candidates, has led to a decrease in the importance of
prior litigation experience.

2
74022875_1
D. Bar Association Review of Candidates

In addition to the selection processes discussed in this booklet, the Committee on the
Judiciary of the Association of the Bar of the City of New York, in conjunction with the county
bar association in the relevant county, investigates and evaluates the qualifications of all
candidates for judicial office in the City of New York. The results of these reviews are reported
to the appointing authority in the case of appointed judgeships, and to the public by press release
in the case of elective judgeships.

A bar association review typically includes the candidate’s response to a questionnaire


submitted by the association, one or more interviews with representatives of the judiciary
committee of the association, review of the candidate’s writings and interviews by committee
members of adversaries, judges, and others with whom the candidate has dealt.

Appendix A lists the various county bar associations. See Appendix I for a sample of
questions a committee may ask.

E. Standards of Review

The descriptions of the judicial positions discussed in this booklet indicate the minimum
qualifications required by statute for each position. In addition, the various nominating,
screening, reviewing, and appointing bodies may have developed other requirements.

It is difficult to set forth definitive criteria for evaluating candidates for judicial office.
The general standards most often stated include:

General intellectual ability;

Knowledge of the law, including knowledge of the specific body of law applicable to the
court in which the position is sought. Because judges often sit in courts to which they
were not originally elected or appointed (e.g., Civil Court judges may sit by assignment
in the Criminal Court or in the Criminal Term of the Supreme Court), knowledge of other
areas of the law also is important;

Appropriate demeanor and judicial temperament, including an ability to deal patiently


and considerately with both attorneys and pro se litigants and, in the case of appellate
courts, with other judges in a collegial setting;

Industriousness and a proven willingness to work hard;

An ability to discern facts and weigh conflicting evidence;

An ability to understand legal arguments and to make prompt, correct determinations of


legal issues;

An absence of bias and a commitment to equal justice for all;

Integrity, candor, and an absence of outside political or other influence; and

3
74022875_1
A commitment to public service, particularly to judicial service.

F. When to Apply

Vacancies in judicial offices and the commencement of selection processes are usually
announced in the press. However, the announcement may be small and may be printed only by
the New York Law Journal and on courts’ websites. In some cases (e.g., selections made by the
Mayor’s Advisory Committee), the selection process is an ongoing one. Accordingly, regular
inquiry of the appointing, nominating, reviewing, and screening bodies listed in this booklet is
suggested in order to assure that a potential candidate is aware of a vacancy in time to complete
the application process.

Additional information on anticipated vacancies may be available from Hon. Lawrence


K. Marks, Chief Administrative Judge, The Office of Court Administration, 25 Beaver Street,
Rm. 852, New York, New York 10004, (212) 428-2120.

II. New York City Courts

A. Appointments to Terms on the Family Court and Criminal Court and to


Interim Appointments to Fill Unexpired Terms for Vacancies on the Civil
Court

General Comments – Appointment of Family Court and Criminal Court Judges and
interim appointments (of up to one year) to fill vacancies on the Civil Court are made by
the Mayor of the City of New York from a list of candidates submitted by the Mayor’s
Advisory Committee on the Judiciary.

The Mayor’s Advisory Committee is composed of up to nineteen members, all of whom


are volunteers and are appointed as follows: The Mayor selects nine members. The
Chief Judge of the New York Court of Appeals nominates four members; the Presiding
Justices of the Appellate Divisions of the Supreme Court for the First and Second Judicial
Departments each nominate two members; and two deans of law schools in the City of
New York, on an annual rotating basis, each nominate one member. The Mayor’s
approval of selections is necessary. See Appendix D.

Questionnaires and other information may be obtained from the Committee at:

Mayor’s Advisory Committee on the Judiciary


Desireé Kim, Executive Director
100 Gold Street, 2nd Floor
New York, New York 10038
Tel. (212) 788-6800
Fax (212) 312-0970

Additional information is available at


http://www.nyc.gov/html/acj/html/home/home.shtml.

Generally, nominees of the Mayor’s Committee are reviewed by the Mayor’s Advisory
Committee on the Judiciary and the Judiciary Committee of the Bar Association of the

4
74022875_1
City of New York and will not be selected or appointed if found not qualified by those
committees. For a list of the present membership of the Mayor’s Advisory Committee,
see Appendix C.

The application for the Mayor’s Advisory Committee is available on the Internet at
http://www1.nyc.gov/site/acj/application/application.page. See also Appendix I.

1. Jurisdiction of Family Court, Criminal Court and Civil Court

i. Family Court

The Family Court has jurisdiction over actions and proceedings


concerning (1) the protection, treatment, correction and
commitment of minors in need of the exercise of the authority of
the court because of circumstances of neglect, delinquency, or
dependency, as the legislature may determine; (2) the custody of
minors, except for custody incidental to actions and proceedings
for marital separation, divorce, annulment of marriage, and
dissolution of marriage; (3) the adoption of persons; (4) the support
of dependents, except when incidental to actions and proceedings
in this state for marital separation, divorce, annulment of marriage,
or dissolution of marriage; (5) the establishment of paternity; (6)
proceedings for conciliation of spouses; and (7) as may be
provided by law, the guardianship of minors, in conformity with
the provisions of section seven of this article, 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. N.Y. Const.
art. 6, §§ 13(b)(1)–13(b)(7), 13(c), and art. 6, § 7(a).

ii. Criminal Court

The Criminal Court has Citywide criminal jurisdiction over crimes


and other violations of law, other than those prosecuted by
indictment, provided, however, that the Legislature may grant to
the Criminal Court jurisdiction over misdemeanors prosecuted by
indictment and over such other actions and proceedings not within
the exclusive jurisdiction of the Supreme Court, as may be
provided by law. N.Y. Const. art. 6, § 15(c).

Specifically, this includes jurisdiction to hear, try and determine all


misdemeanor charges, except libel, and all offenses of a grade less
than misdemeanor. N.Y. City Crim. Ct. Act § 31. In addition, the
Criminal Court has trial jurisdiction over all offenses other than
felonies and preliminary jurisdiction of all offenses, subject to

5
74022875_1
divestment by the Supreme Court and its grand juries. N.Y. Crim.
Proc. Law § 10.30(1).

iii. Civil Court

See point B below.

2. Selection Process

Appointment by the Mayor of the City of New York from a list of


candidates submitted by the Mayor’s Advisory Committee on the
Judiciary. See General Comments, II(A), supra; Fam. Ct. Act § 123; N.Y.
City Crim. Ct. Act § 22(2).

3. Eligibility Requirements

N.Y. Fam. Ct. Act § 124; N.Y. City Crim. Ct. Act § 22(1); N.Y. City Civ.
Ct. Act § 102-a; N.Y. Const. art. 6, §§ 13, 15, 20.

i. New York City resident.

ii. Admitted to practice as an attorney in New York for ten years


before selection.

iii. Age limit - Service until December 31st of the year in which the
judge reaches the age of 70. N.Y. Const. art. 6, § 25(b).

4. Term

Ten years. N.Y. Const. art. 6, § 13(a); N.Y. Fam. Ct. Act § 123; N.Y. City
Crim. Ct. Act § 22(2).

5. Salary

i. Family Court: $208,000.

ii. Criminal Court: $193,500.

B. Election to the Civil Court of the City of New York

General Comments – Political party nomination (especially the Democratic Party


nomination, in all counties except Richmond) is very important for election. A candidate
needs to file petitions to be considered a candidate for a party’s nomination in the
General Election. Petitions containing 4000 signatures are needed for a county-wide seat,
and petitions containing 1500 signatures are necessary for a district seat. In practice, it is
necessary to get additional signatures above the minimum—perhaps two or three times
the minimum—as petitions may be challenged by opponents. Support from political
clubs can ease a candidate’s burden in collecting signatures, as club members will
frequently provide labor to collect signatures. In the counties, the presence of competing
factions within the political parties has provided an opportunity for many well-qualified

6
74022875_1
persons to be nominated in spite of past political inactivity. Interested persons should
communicate with any screening panels and the various political party organizations
active in their respective districts. See Appendix B.

1. Jurisdiction

Citywide jurisdiction over actions and proceedings for the recovery of


money and chattels; foreclosure of mechanics’ liens and liens on personal
property up to $25,000, exclusive of costs and interest; summary
proceedings to recover possession of real property and to remove tenants
therefrom; and unlimited jurisdiction to enter judgment upon a
counterclaim for the recovery of money. N.Y. Const. art. 6, § 15(b).

2. Selection Process

Election from districts, with vacancies filled by the Mayor and service to
continue until and including the last day of December after next election.
See N.Y. City Civ. Ct. Act § 102-a(3).

3. Eligibility Requirements

i. New York City resident. N.Y. City Civ. Ct. Act § 102-a(1).

ii. Admitted to practice as an attorney in New York for ten years


before taking office. N.Y. City Civ. Ct. Act § 102-a(1).

iii. Age Limit - Service until December 31st of the year in which the
judge reaches the age of 70. N.Y. Const. art. 6, § 25(b).

4. Term

Ten years. N.Y. Const. art. 6, § 15(a).

5. Salary

$193,500.

C. Housing Part of the Civil Court

General Comments – Judges of the Housing Part of the Civil Court are appointed by the
Administrative Judge of the Civil Court from a list of candidates found qualified by the
Advisory Council to the Housing Part of the Civil Court. N.Y. City Civ. Ct. Act § 110(f).

The Advisory Council is a statutory body composed of fourteen members, who serve
without compensation, appointed by the Administrative Judge with the approval of the
Presiding Justices of the Appellate Divisions of the Supreme Court for the First and
Second Judicial Departments. The Advisory Council members represent the real estate
industry, including the chair of the New York City Housing Authority (three), tenants’
organizations (three), civic groups (two), bar associations (two), the public (two), the
Mayor of the City of New York (one), and the Commissioner of Housing and

7
74022875_1
Community Renewal (one). N.Y. City Civ. Ct. Act § 110(g). For a list of the present
membership of the Advisory Council, see Appendix E.

Persons interested in positions as Housing Judges should request


questionnaires and additional information from:

Chief Administrative Judge


Civil Court of the City of New York
111 Centre Street, Room 1240
New York, New York 10013
(646) 386-5700

1. Jurisdiction

Actions and proceedings involving the enforcement of state and local laws
for the establishment and maintenance of housing standards including, but
not limited to, the Multiple Dwelling Law and the Housing Maintenance
Code, and the Building Code and Health Code of the Administrative Code
of the City of New York, as provided in N.Y. City Civ. Ct. Act § 110(a).

2. Selection Process

Appointment by the Administrative Judge from a list of candidates


selected annually by the Advisory Council. N.Y. City Civ. Ct. Act
§ 110(f).

3. Eligibility Requirements

Admission to practice as an attorney in New York for five years, two of


which must have been in active practice, before taking office.
Reappointment possible. N.Y. City Civ. Ct. Act § 110(i).

4. Term

Five years. Id.

5. Salary

$187,000.

III. New York State Courts

A. Election to the Supreme Court of the State of New York

General Comments – The following information is a description of the current statutory


scheme for election to the State Supreme Court.

Democrats are most often elected as Supreme Court Justices in New York City as a result
of New York City’s predominantly Democratic electorate. Under current procedures,
each political party holds a judicial nominating convention for each judicial district. The
conventions are attended by delegates elected in each Assembly District or, in some

8
74022875_1
cases, a part thereof, at the primary immediately preceding the election involved. N.Y.
Election Law § 6-124. The rules governing time, place, and procedure of conventions are
left to committees appointed under the rules of the state committee of each political party.
Id. § 6-126(1).

For administrative purposes, New York State is divided into 13 judicial districts, with the
following judicial districts in New York City (N.Y. Jud. Law § 140):

First District - Manhattan (New York)


Second District - Brooklyn (Kings)
Eleventh District - Queens
Twelfth District - Bronx
Thirteenth District - Staten Island (Richmond)

Each judicial district has the following number of justices of the Supreme Court (N.Y.
Jud. Law § 140-a):

First District - 38
Second District - 49
Eleventh District - 40
Twelfth District - 26
Thirteenth District - 4

Nominees need not be enrolled members of the political party by which they are
nominated. Historically, Supreme Court nominees usually have been selected from
among sitting Criminal Court, Civil Court, or Family Court Judges.

1. Jurisdiction

General, original, and appellate jurisdiction in law and equity. See


Appellate Term and Appellate Division, infra. In the City of New York,
jurisdiction concurrent with that of the Criminal Court over certain
misdemeanors prosecuted by indictment and with the Family Court over
crimes and offenses by or against minors or between members of the same
family or household, and exclusive jurisdiction over all other crimes
prosecuted by indictment. N.Y. Const. art. 6, § 7; N.Y. Fam. Ct. Act
§§ 115, 812; N.Y. City Crim. Ct. Act § 3l.

2. Selection Process

Election by judicial district. N.Y. Const. art. 6, § 6(c).

3. Eligibility Requirements

i. Admission to practice as an attorney in New York for ten years.


N.Y. Const. art. 6, § 20(a); N.Y. Jud. Law § 140-a.

ii. Age Limit - A Supreme Court Justice may serve until December
31st of the year in which he or she reaches age 70, and may
thereafter perform duties as a Supreme Court Justice if it is certified

9
74022875_1
that his or her services are necessary to expedite the business of the
Court, and that he or she is physically and mentally competent to
fully perform the duties of such office. Certification is valid for a
two-year term and may be extended for up to two additional two-
year terms, but in no event longer than December 31st in the year in
which he or she reaches age 76. N.Y. Const. art. 6, § 25(b).

4. Term

l4 years. Id. § 6(c).

5. Salary

$208,000.

B. Interim Appointments to Fill Vacancies and Unexpired Terms on the


Supreme Court

General Comments – Appointments to fill vacancies on the Supreme Court, created other
than by expiration of a term, are filled at the next general election, and until then are
filled by the Governor upon advice and consent of the State Senate. N.Y. Const. art. 6,
§ 21(a).

C. Acting Supreme Court Justice

1. Jurisdiction

Same as Supreme Court Justice.

2. Selection Process

Designation by the Chief Administrator of the Courts upon consultation


and agreement with the presiding justice of the appropriate Appellate
Division. Selection made upon recommendations from an evaluatory
panel consisting of the appropriate Deputy Chief Administrator for the
Courts, the Deputy Chief Administrator for Management Support, the
Administrative Judge for Matrimonial Matters, and the Administrative
Judge of the court where the judge serves. The panel shall consult with
Administrative Judges, bar associations, and other persons or groups as
may be appropriate, and shall consider the productivity, scholarship,
temperament, and work ethic of eligible candidates and any complaints
made against an applicant. See 22 N.Y. A.D.C. § 121.2.

3. Eligibility Requirements

Service as a judge in a court of limited jurisdiction (Court of Claims,


County Court, Surrogate’s Court, Civil, Criminal, or Family Court) for at
least two years, 22 N.Y. A.D.C. § 121.2(c), and residence in the
Department for which the appointment is made, N.Y. Const. art. 6, § 26.

10
74022875_1
4. Term

No greater than one year, provided that the initial assignment shall be for a
term of no more than four months. 22 N.Y. A.D.C. § 121.3. Judges are
eligible for redesignation at the end of term. Id.

Judges interested in serving as Acting Supreme Court Justices in the City of New York
should proceed through the judicial administration of the court in which they sit.

D. Supreme Court, Appellate Terms

1. Jurisdiction

The Appellate Division of the Supreme Court in each Judicial Department


may establish an Appellate Term for the Department, Judicial District, or
County within that Department, and may authorize the Appellate Term to
hear appeals authorized by law to be taken to the Supreme Court or the
Appellate Division, other than appeals from the Supreme Court, a
Surrogate’s Court, or appeals in criminal cases prosecuted by indictment
or information. See N.Y. Const. art. 6, § 8(a), (d).

2. Selection Process

The Appellate Term is composed of between three and five Supreme


Court Justices designated by the Chief Administrator of the Courts with
the approval of the presiding justice of the appropriate appellate division.
Id. § 8(a).

3. Eligibility Requirements

Service as a Supreme Court Justice. Id.

E. Supreme Court, Appellate Division, First and Second Departments

1. Jurisdiction

Appeals from judgments or orders as to which appeal is authorized from


the Supreme Court, Surrogate’s Court, Appellate Term of the Supreme
Court, Family Court, Court of Claims, and County Courts (except as
directed to the Appellate Term). N.Y. C.P.L.R. § 5701; N.Y. Const. art. 6,
§ 5; N.Y. Fam. Ct. Act § 1111.

2. Selection Process

Designation by the Governor from among the Supreme Court Justices of


the State. N.Y. Const. art. 6, § 4(c).

3. Eligibility Requirements

Supreme Court Justice. The Presiding Judge must be a resident of the


Department for which the designation is made. N.Y. Const. art. 6, § 4(c).

11
74022875_1
A majority of Associate Judges also must be residents of the Departments
in which they serve. Id. § 4(f).

4. Term

i. Presiding Judge - until expiration of term as Supreme Court Justice.


Id. § 4(c).

ii. Associate Judge - earlier of five years from date of appointment or


expiration of term as Supreme Court Justice. Id.

5. Salary

i. Presiding Judge: $224,700.

ii. Associate Judge: $219,200. .

F. Court of Claims

1. Jurisdiction

i. “Part A Judges.” Twenty-seven originally authorized judges of the


Court of Claims have jurisdiction over, inter alia, claims against the
State for the appropriation of any real or personal property, breach
of contract, torts of state officers and employees committed while
acting as such, claims for damages against the State for unjust
conviction and imprisonment, and special proceedings to distribute
moneys pursuant to Eminent Domain Procedure Law § 304(E).
N.Y. Ct. Clms Act §§ 2(2), 9.

ii. “Part B Judges.” Pursuant to Sections 2(2)(b)–(d) of the N.Y. Court


of Claims Act, a specified number of additional Court of Claims
judges may be appointed. Pursuant to 22 N.Y.C.R.R. Parts 33 and
121.2, most of the additional “Part B” Court of Claims Judges have
been appointed immediately to serve as Acting Justices of the
Supreme Court, Criminal Term.

2. Selection Process

Appointment by the Governor with the consent of the State Senate. N.Y.
Ct. Cl. Act § 2(2)(a).

3. Eligibility Requirements

Admission to practice as an attorney in New York, with at least ten years


experience in practice. N.Y. Ct. Cl. Act § 2(7). No age limit.

12
74022875_1
4. Term

Nine years. N.Y. Ct. Cl. Act §9.

5. Salary

i. Judge: $208,000.

6. Vacancies and Unexpired Terms

Vacancies other than by expiration of term are filled for the unexpired
term in the same manner as an original appointment. N.Y. Const. art. 6,
§ 21(b).

G. Surrogate’s Court

General Comments – There are two Surrogates in New York County and Kings County;
there is one in each of the other counties in New York City.

1. Jurisdiction

Full and complete general jurisdiction in law and in equity to administer


justice in all matters relating to estates and the affairs of decedents. N.Y.
Surr. Ct. Proc. Act § 201(3).

2. Selection Process

County-wide election. Candidates should communicate with political


party organizations and judicial screening panels in the county in which
they seek to be elected. See Appendix B.

3. Eligibility Requirements

i. Admission to practice as an attorney in New York for ten years.


N.Y. Surr. Ct. Proc. Act § 2603(4).

ii. Age Limit - Service until December 31st of the year in which the
judge reaches the age of 70. N.Y. Const. art. 6, § 25(b).

4. Term

Fourteen years in New York City, and ten years in other counties. N.Y.
Const. art. 6, § 12(c).

5. Salary

$208,000.

13
74022875_1
6. Vacancies and Unexpired Terms

Appointments to fill vacancies in the Surrogate’s Court, other than those


created by expiration of a term, are made by the Governor upon advice
and consent of the State Senate. N.Y. Const. art. 6, § 21(a).

H. Court of Appeals

General Comments – Appointments by the Governor as Associate Judge or Chief Judge


of the Court of Appeals are made from a list of nominees found well-qualified by the
State of New York Commission on Judicial Nomination. N.Y. Const. art. 6, § 2(c). The
members of the Commission, who serve without compensation, are appointed by the
Governor (four), the Chief Judge of the Court of Appeals (four), the Speaker of the State
Assembly (one), the Temporary President of the State Senate (one), the Minority Leader
of the State Assembly (one), and the Minority Leader of the State Senate (one). Id. §
2(d). Among each group of four members appointed by the Governor and the Chief
Judge, respectively, no more than two may be enrolled in the same political party, two
must be members of the bar of the State, and two must be laypersons. Id.; see
Appendix G.

1. Jurisdiction

Jurisdiction is limited to the review of questions of law except where the


judgment is of death, or where the Appellate Division, on reversing or
modifying a final or interlocutory judgment in an action or a final or
interlocutory order in a special proceeding, finds new facts and a final
judgment and a final order pursuant thereto is entered, but the right to
appeal shall not depend on the amount involved. N.Y. Const. art. 6,
§ 3(a).

2. Selection Process

Appointment by the Governor from a list of nominees prepared by the


Commission on Judicial Nomination, with the advice and consent of the
State Senate. Id. § 2(e).

3. Eligibility Requirements

i. Residence in New York and admission to practice as an attorney in


New York for ten years. Id.

ii. Age Limit - Service until December 31st of the year in which the
judge reaches the age of 70.N.Y. Const. art. 6, § 25(b).

4. Term

Fourteen years. N.Y. Const. art. 6, § 2(a).

14
74022875_1
5. Salary

i. Chief Judge: $237,500.

ii. Associate Judges: $230,200.

These figures reflect the salary increases effective April 1, 2016 approved
by the Commission on Legislative, Judicial and Executive Compensation,
available at www.nyscommissiononcompensation.org/pdf/Compensation-
report-Dec24.pdf.

6. Vacancies and Unexpired Terms

Appointments to fill vacancies on the Court of Appeals are made in the


same manner as original appointments. N.Y. Const. art. 6, § 2(f). The
Commission publishes notices of vacancies and application information
locally in the New York Law Journal.

I. Judicial Hearing Officer

1. Jurisdiction

Judicial Hearing Officers have been assigned to hear and report, with
recommendations, to a judge of the Unified Court System.

2. Selection Process

Subject to the rules of the Chief Administrator of the Courts, any person
who has served as a judge or justice of a court of record of the Unified
Court System or of a city court which is not a court of record, but who no
longer holds judicial office, may, upon completion of a prescribed
application, be designated by the chief administrator as a judicial hearing
officer upon the determination of the chief administrator that (a) the
former judge has the mental and physical capacity to perform the duties of
such office and (b) the services of that former judge are necessary to
expedite the business of the courts. N.Y. Jud. Law § 850(1).

3. Eligibility Requirements

Any person who has served for at least one year as a judge or justice of a
court of the Unified Court System, other than a town or village court, who
is no longer serving in such capacity, except a person who was removed
from a judicial position pursuant to N.Y. Const. art. 6, § 22(h). Uniform
Rules of Chief Administrator, 22 N.Y.C.R.R. Part 122.1.

4. Term

One year, with possible extension for an additional year without further
application, and with possible designation for additional two-year terms.
22 N.Y.C.R.R. Part 122.3.

15
74022875_1
5. Salary

Reasonable and necessary expenses incurred in performance of duties,


plus compensation in an amount established by the Chief Administrator of
the Courts, currently, $400 per diem. 22 N.Y.C.R.R. Part 122.8. Such
expenses and compensation shall be state charges payable out of funds
appropriated to the administrative office for the courts for this purpose. A
judicial hearing officer shall receive no other compensation for the
performance of services in this capacity. N.Y. Jud. Law § 852(1).

J. Supreme Court Special Master (volunteer)

Special Masters dispose of disputes between parties relating to discovery matters. Ten
years’ intensive motion/trial experience is required. An attorney wishing to perform as a
special master must submit an affirmation declaring his or her good standing as an
attorney, the absence of any prior instances of misconduct, and the extent and nature of
his or her trial experience. Applications may be obtained from:

New York County Lawyers’ Association


14 Vesey Street
New York, New York 10007-2992
(212) 267-6646

The Special Masters Committee reviews the applications of prospective Special Master
candidates.

Special Masters serve on a continuing basis, provided that they respond affirmatively to
the annual inquiry sent to Special Masters requesting whether they wish to continue to
serve.

K. Civil Court Arbitrator (paid)

General Comments – The Chief Administrator of the courts may establish an arbitration
program in any trial court. 22 N.Y.C.R.R. Part 28.2(a).

1. Jurisdiction

In each county with an arbitration program, all civil actions for a sum of
money, except those commenced in small claims parts and not
subsequently transferred to a regular part of the Court, that are noticed for
trial or commenced in the Supreme Court, County Court, the Civil Court
of the City of New York, a District Court, or a City Court, where recovery
sought for each cause of action is $6,000 or less, or $10,000 or less in the
Civil Court of the City of New York, or such other sum as may be
authorized by law, exclusive of costs and interest, shall be heard and
decided by a panel of arbitrators. 22 N.Y.C.R.R. Part 28.2(b). Includes
jurisdiction of any counterclaim or cross-claim without reference to
amount. Id.Part 28.2(d).

16
74022875_1
In addition, parties may stipulate that any civil action pending or thereafter
commenced for a sum of money, regardless of the amount in controversy,
shall be arbitrated, with the award not limited to the monetary jurisdiction
of the court. Id. Part 28.2(c).

Unless the award is vacated or a demand is made for a trial de novo, with
the fees of the arbitrator paid simultaneously therewith, arbitrator’s awards
are final and judgment may be entered thereon. Id. Part 28.11(b).

2. Selection Process

Members of arbitration panels are appointed by the Arbitration


Commissioner from the list of attorneys established by the Chief
Administrator of the courts. Names of attorneys are drawn at random.
Where a three-arbitrator panel is utilized, the first name drawn for each
three-arbitrator panel shall be the chairperson thereof. Id. Parts 28.4(a),
(b).

3. Eligibility Requirements

The panel chairperson must be admitted to practice in New York for at


least five years. Other panel members must be admitted, but there is no
durational requirement. Id. Part 28.4(b).

4. Term

No attorney who has served as arbitrator is eligible to serve again until all
other attorneys on the current list of the Chief Administrator of the Courts
have had an opportunity to serve. Id. Part 28.4(c).

5. Salary

The Chief Administrator of the Courts provides for compensation and


expenses to the extent funds are available for this purpose. Id.
Part 28.10(a).

L. Civil Court Small Claims Arbitrator (volunteer)

1. Jurisdiction

Any claim for money not in excess of $5,000, exclusive of costs and
interest, may be arbitrated where the defendant (except an infant or
incompetent) resides or transacts business or is regularly employed within
the City. N.Y. City Civ. Ct. Act § 1801; 22 N.Y.C.R.R. § 208.41(n).

2. Selection Process

Volunteer arbitrators are appointed by the Administrative Judge of the


Civil Court for duty at that term of the court. Id. § 208.41(n)(1).

17
74022875_1
M. Family Court Support Magistrates (paid)

General Comments – Support Magistrates hear and decide support proceedings under the
New York City Family Court Act, except issues of violations of a support order,
commitment, contested paternity, custody, visitation, orders of protection, and exclusive
possession of the home. N.Y. Fam. Ct. Act § 439(a). Support Magistrates hear and
determine all matters in any proceeding to establish paternity, including the making of an
order of filiation, where admitted or acknowledged. Id. § 439(b). Support Magistrates
can issue subpoenas, administer oaths, and direct disclosure. Id. § 439(d). In
proceedings presenting issues of commitment, custody, visitation, orders of protection, or
exclusive possession of the home, the Support Magistrate makes a temporary order of
support and refers the matter to a judge. N.Y. Fam. Ct. Act § 439(c).

1. Selection Process

The Administrative Judge for the New York City Family Court will
publish an announcement in the New York Law Journal and communicate
directly with bar associations to invite applications from the bar.
Applicants are screened for character and ability to handle Support
Magistrate responsibilities by a Committee consisting of an administrative
judge, a judge of the Family Court, and a designee of the Chief
Administrator of the courts, which submits recommendations to the Chief
Administrator who makes the order of appointment. 22 N.Y.C.R.R.
§ 205.32(c).

2. Eligibility Requirements

Support Magistrates must be admitted to practice in New York State for at


least five years and must be knowledgeable about Family Court, family
law, and federal and state support law and programs. 22 N.Y.C.R.R.
§ 205.32(a).

3. Term

Full-time appointment for three years, remaining eligible for subsequent


reappointment for additional term which may be five years in length.
N.Y. Fam. Ct. Act § 439(f).

4. Salary

Compensation is fixed by the Chief Administrator of the courts.


22 N.Y.C.R.R. § 205.32(e).

N. Court Attorney-Referee (paid)

General Comments – Court Attorney-Referees in Family Court handle cases involving


custody, visitation, and guardianship of children, orders of protection under article 8, and
permanency hearing under article 10-A of the New York Family Court Act. The scope of
the authority of a Court Attorney-Referee is set in the first instance by an order of
reference. CPLR 4311. The order of reference may authorize the Court Attorney-

18
74022875_1
Referees to hear and determine or to hear and report. A Court Attorney-Referee may
generally only hear and determine a case upon the consent of the parties. CPLR 4312.

1. Selection Process

The Administrative Judge for the New York City Family Court will
publish an announcement in the New York Law Journal and communicate
directly with bar associations to invite applications from the bar.
Applicants are screened for character and ability to handle Court Attorney-
Referee responsibilities by a Committee consisting of an administrative
judge, a judge of the Family Court, and a designee of the Chief
Administrator of the courts, which submits recommendations to the Chief
Administrator who makes the order of appointment.

2. Eligibility Requirements

Court Attorney-Referees must be admitted to the Bar of the State of New


York and have at least two years service in the Associate Court Attorney
title or eight years of relevant legal experience gained after admission to
the New York State Bar.

3. Term

Court Attorney-Referees do not have a fixed term.

4. Salary

Compensation is promulgated by the Chief Administrator of the courts in


accordance with NY Judiciary Law, Section 37.

O. Community Dispute Resolution Mediator (paid)

Seeking to resolve minor disputes expeditiously, especially those that would otherwise be
handled by the criminal justice system. Community Dispute Resolution Centers provide
services without cost to indigents or at nominal or no cost to other participants. Centers
are administered by nonprofit organizations established to resolve disputes or for
religious, charitable, or educational purposes. The Chief Administrator of the Courts
selects Centers for funding pursuant to contracts between the Unified Court System and
grant recipients. See, e.g., 22 N.Y.C.R.R. § 116.

P. State Administrative Law Judge

Parking Violations Bureau

Applicants must be attorneys admitted to practice three or more years in New


York State.

Application forms may be obtained from:

Hon. Lawrence K. Marks


Chief Administrative Judge

19
74022875_1
Office of Court Administration
25 Beaver Street
New York, NY 10007
(212) 428-2120.

IV. United States Courts

Court of Appeals and District Court

United States Court of Appeals and District Court judges are appointed by the President,
with the advice and consent of the Senate. Each is a lifetime appointment, except in the
territories (but not Puerto Rico), where appointments are for eight-year terms.

Appointments to federal judgeships historically have been made at the suggestion of a


United States Senator from the state within the territorial jurisdiction of the court. The
selection process for federal appointments may change in the upcoming years with the
election of a new president and appointment of a new Senator from New York.

A. United States Court of Appeals for the Second Circuit

1. Selection Process

The President, with the advice and consent of the Senate, appoints thirteen
judges for the Second Circuit. 28 U.S.C. § 44(a).

2. Eligibility Requirements

Each Circuit Judge must be a resident of the Circuit. 28 U.S.C. § 44(c).

3. Term

Circuit Judges hold office during good behavior. 28 U.S.C. § 44(b).

4. Salary

$220,600.

B. United States District Court for the Southern and Eastern Districts of New
York

1. Selection Process

The President, with the advice and consent of the Senate, appoints district
judges for the various judicial districts, i.e., 28 district judges for the
Southern District of New York, and 15 district judges for the Eastern
District of New York. 28 U.S.C. § 133.

20
74022875_1
2. Eligibility Requirements

District Judges in the Eastern and Southern Districts must reside within
twenty miles of the districts for which they are appointed. 28 U.S.C.
§ 134(b).

3. Term

District Judges hold office during good behavior. Id. § 134(a).

4. Salary

$208,000.

C. United States Magistrate Judge

General Comments – Vacancies or positions as U.S. Magistrates in the Southern and


Eastern Districts of New York (and instructions to applicants for submission of their
qualifications) are announced in the New York Law Journal as such vacancies arise.

1. Selection Process

The judges of each U.S. District Court appoint a screening committee of


attorneys and community leaders to make recommendations to them.
Magistrate Judges are then selected with the concurrence of a majority of
the judges in the District for which the appointment is made, or by the
Chief Judge of the District. 28 U.S.C. § 631(a).

2. Eligibility Requirements

i. Member in good standing of the bar of the highest Court of the


State for five years. 28 U.S.C. § 631(b)(1);

ii. Competence to perform the duties of the office, as determined by


the appointing court. Id. § 631(b)(2);

iii. Less than seventy years of age. Id. § 631(d); and

iv. No relationship by blood or marriage to any Judge of the District


for which the appointment is made at the time of initial
appointment. Id. § 631(b)(4).

3. Term

Eight years (four years for part-time Magistrate Judges). Id. § 631(e).

4. Salary

$186,852 (full-time).

21
74022875_1
D. United States Bankruptcy Judge

General Comments – The United States Court of Appeals appoints Bankruptcy Judges for
the Southern and Eastern Districts of New York. 28 U.S.C. § 152(a). Vacancies or
positions are announced in the New York Law Journal, other journals, and the website for
the Second Circuit as positions arise.

1. Jurisdiction

Bankruptcy Judges may hear and determine all cases arising in or related
to Title 11 of the United States. 28 U.S.C. § 157.

2. Selection Process

Appointments as Bankruptcy Judges of the Judicial Districts are made by


a majority of Judges of the United States Court of Appeals for each Circuit
upon the recommendation of the Judicial Conference of the United States,
or by the Chief Judge of the Court of Appeals where a majority of judges
cannot agree. 28 U.S.C. § 152(a)(1), (3). A panel of circuit judges and
district judges from the district where the judge will serve makes
recommendations for appointments.

3. Term

14 years. 28 U.S.C. § l52(a)(1). Removal during term only by the


Judicial Council of the Second Circuit for incompetence, misconduct,
neglect of duty, or physical or mental disability. Id. § 152(e).

4. Salary

$186,852.

E. Administrative Law Judge

General Comments – ALJs are quasi-judicial officers who work in the various federal
administrative agencies in New York and elsewhere. Depending on the agency to which
they are assigned, they preside over a variety of matters such as licensing, rate-making,
rule-making, and benefit appeals. Those interested in applying should contact:

U.S. Office of Personnel Management


Employment Service
Office of Administrative Law Judges
1900 E Street, N.W.
Washington, D.C. 20415-0001
(202) 606-0810

1. Selection Process

Appointment by the various administrative agencies with the approval of


the Office of Personnel Management. 5 U.S.C. § 3105; 5 C.F.R.
§ 930.201 et seq.

22
74022875_1
2. Eligibility Requirements

Applicants must be licensed and authorized to practice law under the laws
of a State, the District of Columbia, the Commonwealth of Puerto Rico, or
any territorial court established under the United States Constitution.
Applicants must have a full seven (7) years of experience as a licensed
attorney preparing for, participating in, and/or reviewing formal hearings
or trials involving litigation and/or administrative law at the Federal, State,
or local level.Qualification Standard For Administrative Law Judge
Positions, U.S. Office of Personnel Management,
http://www.opm.gov/policy-data-oversight/classification-
qualifications/general-schedule-qualification-standards/specialty-
areas/administrative-law-judge-positions/ (last visited Nov. 26, 2014).

3. Term

Not specified; removal may be made for good cause. 5 U.S.C. § 7521.

4. Salary

Within a range established by the Office of Personnel Management and


depending on the ALJ’s responsibilities, experience, and the agency in
which he or she works.

F. Arbitrator for the Eastern District of New York

1. Jurisdiction

Any civil case in the U.S. District Court for the Eastern District of New
York for a money claim not in excess of $150,000, exclusive of costs and
interest, is automatically sent to arbitration, with the exception of social
security cases, tax matters, prisoners’ civil rights cases, and any action
based on an alleged violation of a constitutional right, or if jurisdiction is
based in whole or in part on 28 U.S.C. § 1343. In addition, arbitrators
handle cases involving damages in excess of $150,000 where the parties
stipulate to submit to arbitration. Local Civil Rule 83.7(d). The
arbitration shall be held before a single arbitrator, unless a panel of three is
requested by a party and the amount in controversy exceeds $5,000. Local
Civil Rule 83.7(e)(4).

2. Selection Process

Arbitrators are randomly selected by the Clerk of the Court from a list of
attorneys certified by the Chief Judge or his designee to act as arbitrators.
Local Civil Rule 83.7(a)(4), (e)(4).

3. Eligibility Requirements

Member for at least five years to the bar of the highest court of a state or
the District of Columbia and admission to the district court for the Eastern
District of New York. Local Civil Rule 83.7(a)(2). Application and

23
74022875_1
information concerning “Court-Annexed Arbitration” may be obtained
from:

ADR Administrator and Arbitration Clerk


United States District Court for the
Eastern District of New York
225 Cadman Plaza East, Rm. 172
Brooklyn, New York 11201
(718) 613-2577

4. Salary

Where parties have agreed to arbitration before a single arbitrator,


compensation is $250. Where parties have agreed to arbitration before a
panel of three arbitrators, compensation is $100 per arbitrator. Local Civil
Rule 83.7(b).

24
74022875_1
The Association of the Bar of the City of New York
Special Committee to Encourage Judicial Service

CHAIR
Hon. Tanya R. Kennedy
NYS Supreme Court, New York County, Civil Term
60 Centre Street
New York, New York 10007
(646) 386-5739

SECRETARY
Lauren Capaccio

MEMBERS
William Alesi
Alison Arden Besunder
Joshua Brown
Rudolph J. Carmenaty
Sarah Loomis Cave
Hon. James G. Clynes
Hon. Devin P. Cohen
Sara Crasson
Hon. Carol R. Edmead
David Bruce Goldin
Hon. Doris M. Gonzalez
Barbara Graves Poller
Lauren Ashley Jones
Evelyn Konrad
Terence W. McCormick
Benjamin P.D. Mejia
Hon. Edwina G. Mendelson
Hon. Kelly A. O’Neill Levy
Hon. Peter H. Moulton
Hon. Robert R. Reed
Hon. Elenor Reid
Hon. Vera M. Scanlon
Hon. Beatrice Shainswit
Hon. Elizabeth S. Stong
Hon. Philip Straniere (Ret.)
Peter A. Sullivan
Hon. Lillian Wan

STUDENT MEMBERS
Danah Selina Jones
Dayana G. Saint Vil

25
74022875_1
Individuals interested in joining this committee should contact Hon. Tanya R. Kennedy. Special
Committee members must be members of the Association of the Bar of the City of New York.
The Committee wishes to express its appreciation to all the panelists who participated in the
2018 program.

26
74022875_1
APPENDIX AError! Bookmark not defined.

New York City Bar Associations

(Partial Listing)

Bronx County Bar Association


851 Grand Concourse, Room 124
Bronx, New York 10451-2937
(718) 293-5600
www.bronxbar.com

Brooklyn Bar Association


123 Remsen Street
Brooklyn, New York 11201
(718) 624-0675
www.brooklynbar.org

New York County Lawyers’ Association


14 Vesey Street
New York, New York 10007
(212) 267-6646
www.nycla.org

Queens County Bar Association


90-35 148th Street
Jamaica, New York 11435
(718) 291-4500
www.qcba.org

Richmond County Bar Association


152 Stuyvesant Place, Ste. 203
Staten Island, New York 10301
(718) 442-4500
www.thercba.org

27
74022875_1
APPENDIX B

Political Organizations

(Partial Listing)

Bronx County

Bronx Democratic County Committee


1640 Eastchester Road
Bronx, New York 10461
(347) 281-9759
www.bronxdems.org

Bronx County Republican Committee


2113 Williamsbridge Road
Bronx, New York 10461-1606
(718) 792-5800

Brooklyn/Kings County

Kings County Democratic Committee


16 Court Street, Suite 1016
Brooklyn, New York 11241
(718) 875-5870
www.brooklyndems.com

Kings County Republican County Committee


1662 Sheepshead Bay Road
Brooklyn, New York 11235
(718) 332-5796
www.brooklyngop.com

Manhattan/New York County

New York County Democratic County Committee


461 Park Avenue, Suite #10
New York, New York 10022
(212) 687-6540
www.manhattandemocrats.org

New York Republican County Committee


122 East 83rd Street, 2nd Floor
New York, New York 10028-0838
(212) 517-8444
www.manhattanrepublicanparty.com

28
74022875_1
Queens County

Democratic Organization of Queens County


72-50 Austin Street
Forest Hills, New York 11375
(718) 268-5100
www.queensdems.com

Queens County Republican Party


71-20 Myrtle Avenue
Flushing, New York 11385
(718) 366-7647
www.queenscountygop.com

Staten Island/Richmond County

Democratic Committee of Richmond County


109 New Dorp Plaza
Staten Island, New York 10306
(718) 983-5009
www.sidemocrats.com

Republican Party of Staten Island


2300 Richmond Road
Staten Island, New York 10306
(718) 667-7467
www.sigop.com

29
74022875_1
APPENDIX C

Mayor’s Advisory Committee on the Judiciary

Hon. Carmen Beauchamp Ciparick (Ret.) (Chair)


Hon. Barry A. Cozier (Ret.) (Vice Chair)
Hon. Luis A. Gonzalez (Ret.)
Richard Gutierrez
Craig Kaplan
Hon. Judy Harris Kluger (Ret.)
Glenn Lau-Kee
Chanwoo Lee
Leila Maldonado
Vanessa Nadal
Vianny Pichardo
Thomas Principe
Ben Rubinowitz
Jane Spinak
Sharon Stapel
Earl Ward
Mary Whiting
Milton Williams, Jr.
David Zornow

www1.nyc.gov/site/acj/about/about-acj.page

30
74022875_1
APPENDIX D

Mayor’s Executive Order No. 4

May 29, 2014

MAYOR’S ADVISORY COMMITTEE ON THE JUDICIARY

By the power vested in me as Mayor of the City of New York, it is hereby


ordered:

Section 1. Committee Established.

The Mayor’s Advisory Committee on the Judiciary (hereinafter called the


“Committee”) hereby is established in the Office of the Mayor to recruit, to evaluate, to consider
and to nominate judicial candidates highly qualified for appointment and to evaluate the
incumbent judges for reappointment to the following courts within The City of New York:
Criminal Court, Family Court and, for interim appointments, Civil Court.

Section 2. Functions.

The Committee shall:

(a) Take steps to recruit and encourage highly qualified persons for such
appointment to serve as a judge of a court in New York City and to receive from any source the
names of candidates appearing to have the highest qualifications for judicial office;

(b) Evaluate and conduct all necessary inquiry to determine those persons whose
character ability, training, experience, temperament and commitment to equal justice under law
fully qualify them for judicial office;

(c) Consider all relevant information to determine which of the highly qualified
candidates are best qualified for judicial office and refer to the Department of Investigation for
screening all persons the Committee proposes to nominate for appointment;

(d) Nominate and present to the Mayor three candidates for appointment to each
vacant judicial office, except that if there are numerous vacancies the Committee, in its
discretion, may present less than three nominations (unless the Mayor requests three
nominations) for each vacancy, and provide such information as may be necessary to inform the
Mayor of the qualifications of each nominee; and

(e) Evaluate the qualifications of each incumbent judge for reappointment to


judicial office and present the Committee’s recommendation to the Mayor, provided that if the
Committee finds the incumbent is not highly qualified for reappointment, or if the Mayor,
following receipt of the Committee’s recommendation, finds that the incumbent is not highly

31
74022875_1
qualified for reappointment, the Committee shall nominate and present to the Mayor three
candidates for appointment to the resulting vacancy other than the incumbent.

Section 3. Public Hearings.

(a) The Mayor shall notify the Committee of the name of any person chosen for
appointment from among the nominees submitted by the Committee and shall notify the
Committee of the name of each incumbent judge chosen for reappointment as recommended by
the Committee. The Committee shall promptly thereafter conduct a public hearing, except in the
case of the appointment of an incumbent judge. Such hearing shall be upon reasonable notice and
any person may present information concerning the fitness of the nominee for appointment.
Based on the information received, the Committee may reconsider the nomination. If any
reconsideration results in withdrawal of a nomination, the Mayor shall be notified immediately
by the Committee and the nominee shall not be appointed.

(b) The Committee may from time to time conduct public hearings concerning
the process of judicial selection.

Section 4. Appointments by the Mayor.

(a) The Mayor shall not appoint a judge unless nominated by the Committee and
shall not reappoint an incumbent judge unless recommended for reappointment by the
Committee.

(b) Judicial vacancies shall be filled within ninety days unless a longer period is
required in the public interest.

(c) After the Mayor appoints a nominee to fill a judicial vacancy, the remaining
nominations submitted by the Committee for that vacancy shall expire immediately, unless a
vacancy or vacancies exists in the same court. In such case the remaining nominations shall be
valid for appointment to that court for six months after their submission to the Mayor or until
such vacancy or vacancies are filled, whichever is earlier.

Section 5. Committee Membership.

(a) The Committee shall consist of nineteen members, each residing or having a
principal place of business in the City of New York, all of whom shall be appointed by the
Mayor. The Mayor shall select nine members including the Chairperson who shall serve in that
capacity at the pleasure of the Mayor and, in the Mayor’s discretion, including one or more Vice
Chairperson who shall serve in that capacity at the pleasure of the Mayor. The Chief Judge of the
New York Court of Appeals shall nominate four members for appointment to the Committee by
the Mayor. The Presiding Justices of the Appellate Division for the First and Second Judicial
Departments shall nominate two members for appointment to the Committee by the Mayor. Two
deans of law schools within the City of New York shall each nominate one member for
appointment to the Committee by the Mayor, with authority to nominate rotating biannually
among eligible deans. If the Mayor decides not to appoint any person nominated by the Chief

32
74022875_1
Judge, a Presiding Justice or dean, he shall notify the Chief Judge, Presiding Justice or dean who
made the nomination, to submit the name of another nominee. All members shall serve for a term
of two years. Notwithstanding the foregoing, the members first appointed shall serve until
December 31, 2015. Vacancies in the Committee shall be filled in the same manner as initial
appointments and a member filling a vacancy shall serve for the remainder of the unexpired
term. Any member of the Committee may be removed by the Mayor for cause.

(b) Members of the Committee shall be selected in order to ensure that only
candidates with the highest qualifications shall be nominated for appointment to judicial office.
Members of the Committee shall be selected with due consideration for broad community and
borough representation, the membership shall include men and women and members of minority
and other groups, who are qualified to perform the functions of the Committee.

(c) No person shall be considered by the Committee for judicial office while
serving as a member of the Committee or within one year thereafter.

Section 6. Confidentiality.

All Committee communications concerning judicial qualifications of candidates


shall be made and held in confidence, except such communication as the Committee may submit
to the Mayor or receive at public hearings, or as otherwise may be necessary and proper to the
conduct of Committee proceedings.

Section 7. Committee Action Procedure.

The Committee may adopt such procedures and policies as it may deem
appropriate to its functions including standards for evaluating the best qualified candidates for
nomination, and criteria for recommending the reappointment of incumbent judges.

Section 8. Financing and Staff.

(a) Members of the Committee shall receive no compensation for their service as
members.

(b) The Committee shall be provided with paid staff and sufficient facilities to
carry its functions, including the thorough investigation of the qualifications of all candidates for
judicial office.

(c) Members of the Committee and its staff shall be reimbursed for necessary
expenses incurred in connection with the responsibilities of the Committee.

Section 9. Counsel to the Mayor.

The Office of the Counsel to the Mayor shall maintain liaison with and review the
activities of the Committee and shall advise the Mayor and the Committee regarding measures

33
74022875_1
which may enhance the ability of the Committee to consider the best qualified candidates for
judicial nomination.

Section l0. Prior Order Revoked.

Executive Order No. 8 dated March 4, 2002 hereby is repealed and the Mayor’s
Advisory Committee on the Judiciary established thereunder hereby is abolished.

Section 11. Effective Date.

This Order shall take effect immediately.

/s/ .
Bill de Blasio
Mayor

34
74022875_1
APPENDIX E Advisory Council of the Housing Part

of the Civil Court of the City of New York

REAL ESTATE INDUSTRY:


Vijay Kitson
Todd Rose

TENANTS’ ORGANIZATIONS:
Luis Hernandez Carrero
Pavita Krishnaswamy
Andrew Scherer

CIVIC GROUP:
Ayanna Fortson
Jennifer Laurie

PUBLIC-AT-LARGE:
Gary Connor
Hon. Ernest Cavallo (Ret.)

BAR ASSOCIATIONS:
Glenn Lau-Kee
James D. Herschlein

NYC HOUSING AUTHORITY - DESIGNEE OF CHAIR AND CEO SHOLA OLATOYE:


Kelly D. MacNeal

GOVERNOR’S REPRESENTATIVE:
Sheldon Melnitsky

MAYOR’S REPRESENTATIVE:
Harold P. Weinberg

To contact any of the members of the Advisory Council of the Housing Part of the Civil Court of
the City of New York, please direct your inquiries to:

The Advisory Council of the Housing Part of the Civil Court of the City of New York
111 Centre Street, Room 1142
New York, New York 10013
Attention: Linda Dunlap Miller
(212) 428-2595
www.nycourts.gov/courts/nyc/housing/advisory.shtml

35
74022875_1
APPENDIX FError! Bookmark not defined.

Governor’s Executive Order No. 15: Establishing Judicial Screening Committees

WHEREAS, under the Constitution and Laws of the State of New York, the Governor is
entrusted with the responsibility of appointing judicial officers to the offices of Judge and
Presiding Judge of the Court of Claims; designating Justices of the Supreme Court to the offices
of Justice, Temporary Justice, and Presiding Justice of the Appellate Division of the Supreme
Court; and appointing judicial officers to fill vacancies in the offices of Justice of the Supreme
Court, Judge of the County Court, Judge of the Surrogate’s Court and Judge of the Family Court
outside the City of New York; and
WHEREAS, a fair, impartial, independent, highly qualified, and diverse judiciary is
essential to ensuring justice for all who come before New York’s courts and to fostering public
confidence in the integrity of the judicial process; and
WHEREAS, a fair, impartial, independent, highly qualified, and diverse judiciary is
cultivated by:
1. encouraging highly qualified candidates from all parts of New York State, with
diverse backgrounds and experiences, to apply for judicial offices;
2. reviewing candidates for judicial office without regard to political beliefs or party
affiliation; and
3. selecting judicial officers who reflect the diverse backgrounds and experiences of
the residents of this State, based on their integrity, independence, intellect, judgment,
temperament, and experience; and
WHEREAS, the highest quality of judicial appointments can best be assured with the
assistance of credible, impartial and non-partisan judicial screening committees;
NOW THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by
virtue of the authority vested in me by the Constitution and laws of the State of New York, do
hereby order as follows:

A. Purpose and Duties


1. Judicial Screening Committees are hereby established to evaluate the
qualifications of candidates for appointment or designation to judicial office throughout New
York State, and to recommend to the Governor those persons who are highly qualified to hold
judicial office.
2. Each Judicial Screening Committee shall:
a. Actively recruit candidates for appointment or designation to the judicial
offices within the committee’s jurisdiction. In recruiting candidates, the Judicial Screening

36
74022875_1
Committees shall strive to find candidates that reflect the diverse backgrounds and experiences
of the citizens of New York State;
b. Review and evaluate the qualifications of all candidates for appointment
or designation. In reviewing and evaluating the qualifications of candidates, each committee
member shall give primary consideration to each candidate’s integrity, independence, intellect,
judgment, temperament and experience, and shall not give any consideration to the age, creed,
color, national origin, sexual orientation, military status, sex, disability, predisposing genetic
characteristics, marital status or political party affiliation of the candidate;
c. Recommend for appointment or designation only those candidates who, as
determined by a majority vote of all members of the committee, are highly qualified for the
judicial office for which they are being considered. No committee shall pass on the
qualifications of any candidate until after a thorough inquiry has been made by the committee
and its staff;
d. Prepare written reports on the qualifications of each candidate it
determines to be highly qualified and recommends to the Governor. Committee reports shall be
made available to the public upon request. All other records and deliberations of, and all
communications to, any Judicial Screening Committee with respect to a candidate shall be held
in confidence and shall not be disclosed to anyone other than the Governor, Counsel to the
Governor, or their designees. Notwithstanding the foregoing, information submitted to any
Judicial Screening Committee relating to an appointee may be disclosed to the Senate when
necessary for confirmation of the appointee, and information submitted to a Judicial Screening
Committee may be disclosed to any other person or organization if disclosure is required in
connection with disciplinary proceedings or is otherwise required by law.

B. State Judicial Screening Committee


1. A State Judicial Screening Committee is hereby established.
2. The State Judicial Screening Committee shall consist of thirteen members: two
individuals selected by the Governor; the Chairperson of each of the Departmental Judicial
Screening Committees established by Section C of this Executive Order; one of the other
members of each of the Departmental Judicial Screening Committees, who shall be selected by
the Governor; two persons selected by the Chief Judge of the Court of Appeals; and one person
selected by the Attorney General. The chairperson of the State Judicial Screening Committee
shall be appointed by the Governor from among the members of the Committee.
3. The term of office of any member of the State Judicial Screening Committee who
is a member of a Departmental Screening Committee shall expire at the same time the member’s
term of office on the Departmental Screening Committee expires.
4. The State Judicial Screening Committee shall have jurisdiction to consider the
qualifications of candidates for appointment to the offices of Judge and Presiding Judge of the
Court of Claims, and to recommend to the Governor all persons whom it finds highly qualified
for those judicial offices.

37
74022875_1
5. When exercising the power to designate the Presiding Judge of the Court of
Claims pursuant to section 2(6) of the Court of Claims Act; or the power to appoint a Judge of
the Court of Claims pursuant to section 9 of Article VI of the Constitution and section 2(2) and
2(4) of the Court of Claims Act; or the power to fill a vacancy in the office of Judge of the Court
of Claims pursuant to section 21(b) of Article VI of the Constitution, the Governor shall appoint
or designate only persons who have been recommended by the State Judicial Screening
Committee as highly qualified for the judicial office to which the appointment or designation is
to be made.
6. The State Judicial Screening Committee shall promulgate appropriate rules and
regulations to govern its proceedings and those of the Departmental and County Judicial
Screening Committees established by this Order. The rules and regulations shall include
standards and procedures for ensuring, to the extent possible, uniformity of criteria for evaluating
the qualifications of candidates for appointment or designation to judicial office throughout New
York State.

C. Departmental Judicial Screening Committees


1. A Departmental Judicial Screening Committee is hereby established in each
judicial department of New York State.
2. Each Departmental Judicial Screening Committee shall consist of thirteen
members: five members shall be selected by the Governor; two members shall be selected by the
Chief Judge of the Court of Appeals; two members shall be selected by the Attorney General;
one member shall be selected by the Presiding Justice of the Appellate Division for that
department; one member shall be selected jointly by the Speaker of the Assembly and the
Minority Leader of the Senate; one member shall be selected jointly by the President Pro
Tempore of the Senate and the Minority Leader of the Assembly; and one member shall be
selected by the President of the New York State Bar Association. The Chairperson of each
Departmental Screening Committee shall be appointed by the Governor from among the
members of the Committee. Each member of the Committee shall be a resident of, have an
office in, or work in the judicial department in which he or she is to serve.
3. Each Departmental Judicial Screening Committee shall have jurisdiction to
consider the qualifications of candidates for designation to the offices of Justice, Additional
Justice, Temporary Justice and Presiding Justice of the Appellate Division of the Supreme Court
for such department, and candidates for appointment to the office of Supreme Court Justice
within such department, and to recommend to the Governor all persons whom it finds highly
qualified for those judicial offices.
4. When exercising the power to designate the Presiding Justice of each Appellate
Division pursuant to section 4(c) of Article VI of the Constitution; or the power to designate
other Justices of any Appellate Division pursuant to sections 4(c) and 4(d) of Article VI of the
Constitution; or the power to designate Additional Justices of any Appellate Division pursuant to
section 4(e) of Article VI of the Constitution; or the power to fill a vacancy in the office of
Justice of the Supreme Court pursuant to section 21(a) of Article VI of the Constitution, the
Governor shall appoint or designate only persons who have been recommended by a

38
74022875_1
Departmental Judicial Screening Committee as highly qualified for the judicial office to which
the appointment is to be made.
5. A candidate recommended as highly qualified for the office of Justice or
Additional Justice of the Appellate Division of the Supreme Court by a Departmental Screening
Committee shall be eligible for appointment or designation by the Governor to such office in any
judicial department. Notwithstanding the foregoing, a person serving as a Justice of the
Appellate Division of the Supreme Court may be designated by the Governor to serve as an
Additional Justice, and a person serving as an Additional Justice of the Appellate Division of the
Supreme Court may be designated by the Governor to serve as a Justice, of the same or a
different judicial department without the recommendation of a Departmental Screening
Committee.

D. County Judicial Screening Committees


1. A County Judicial Screening Committee is hereby established in each county of
the State, consisting of the members of the Departmental Judicial Screening Committee for the
department in which the county is located plus one additional person who shall be resident of,
have an office in, or work in the county in which he or she is to serve, to be selected by the chief
executive officer of the county. The Chairman of the Departmental Judicial Screening
Committee shall also serve as Chairman of the County Judicial Screening Committee. As used
herein, the term “chief executive officer” for the county shall mean the appointed or elected
county executive, as the case may be, or if there be no such office, the chairman of the governing
body of the county; provided, however, that for counties within the City of New York, the term
“chief executive officer” for the county shall mean the Mayor of the City of New York.
2. Each County Judicial Screening Committee shall have jurisdiction to consider the
qualifications of candidates for appointment to the offices of Judge of the County Court, Judge of
the Surrogate’s Court and Judge of the Family Court outside of the City of New York, for such
county, and to recommend to the Governor all persons whom it finds highly qualified for those
judicial offices. When exercising the power of appointment to fill a vacancy in the office of
Judge of the County Court, Judge of the Surrogate’s Court or of Judge of the Family Court
outside of the City of New York, pursuant to section 21(a) of Article VI of the Constitution, the
Governor shall appoint only persons who have been recommended by the appropriate County
Judicial Screening Committee as highly qualified for the judicial office to which the appointment
is to be made.

E. General Provisions
1. The terms of office of the members of the Judicial Screening Committees
established by this Executive Order shall be for a term of three years.
2. The terms of office of the members of the Judicial Screening Committees
established by this Executive Order are subject to the provisions of section 5 of the Public
Officers Law.
3. Committee vacancies shall be filled in the same manner as initial appointments,
and a person appointed to fill a vacancy shall serve for the remainder of the unexpired term. No
member shall be removed during his or her term by the Governor except for cause.

39
74022875_1
4. No member of a Judicial Screening Committee shall hold any judicial or elected
public office for which he shall receive compensation during his period of service, nor shall he
hold any office in any political party. No member of a Judicial Screening Committee shall be
eligible for appointment to any judicial office within the jurisdiction of the Judicial Screening
Committee on which the member serves during the member’s period of service or within one
year thereafter.
5. Members of Judicial Screening Committees shall receive no compensation for
their service, but shall be entitled to reimbursement for any necessary expenses incurred by them
in connection with the performance of their duties. Each judicial screening committee shall have
a paid staff available to it sufficient to enable the committee to carry out properly its
responsibilities including adequate investigations into all matters relevant to the qualifications of
candidates for appointment to judicial office.
6. Executive Order No. 8, issued June 18, 2008, is hereby revoked and superseded
by this Executive Order as of the date hereof.

G I V E N under my hand and the Privy Seal of the


State in the City of Albany this twenty-seventh day
of April in the year two thousand eleven.

BY THE GOVERNOR

/s/ Andrew M. Cuomo

/s/ Steven M. Cohen


Secretary to the Governor

40
74022875_1
APPENDIX G

State of New York Commission on Judicial Nomination


(N.Y. Const. Art. 6 § 2; N.Y. Judiciary Law Art. 3-A, § 61 et seq.; 22 N.Y.C.R.R. Part 7100)

The commission shall consider and evaluate the qualifications of candidates for
appointment to the offices of chief judge and associate judge of the Court of Appeals and, as a
vacancy occurs in any such office, shall recommend to the governor persons who by their
character, temperament, professional aptitude and experience are well qualified to hold such
judicial office.

The twelve-member Commission consists of four members (no more than two from the
same party) appointed by the Governor (two lawyers, two laypersons), four members (no more
than two from the same party) appointed by the Chief Judge of the Court of Appeals (two
lawyers, two laypersons), and one member appointed by each of the following: the Speaker of
the State Assembly, the Temporary President of the State Senate, the Minority Leader of the
State Senate, and the Minority Leader of the State Assembly. Members serve four-year terms.

Members of the Commission may not hold judicial office or elected office for which
compensation is received during the period of service, except that the Chief Judge and the
Governor may each appoint one former judge of the Unified Court System. No member of the
Commission may hold office in any political party, and none is eligible for appointment to any
judicial post in New York during his or her term on the Commission or within one year
thereafter. N.Y. Judiciary Law, Art. 3-A, § 62(1).

The Commission is authorized to appoint counsel and staff, as it deems necessary or


appropriate. The Commission has subpoena power to require production of information and
attendance of witnesses.

All candidates for appointment must be personally interviewed by a quorum of ten


members of the Commission and submit applications and financial statements on prescribed
forms. All proceedings and related communications are kept confidential, except for the written
report of the Commission, which is released to the public at the time it is submitted to the
Governor.

Alan Mansfield, Interim Chair Hon. E. Leo Milonas (Ret.)


John A. Cirando Margaret S. Morton
Steven M. Cohen Alvin H. Perlmutter
H. Dale Hemmerdinger Paul N. Samuels
Michael J. Hutter Dierdre K. Szozzafava
Simone M. Levinson

www.nysegov.com/cjn

41
74022875_1
APPENDIX HError! Bookmark not defined.

State Screening Committees

New York State Judicial Screening Committees


State Capitol
Room 239
Albany, New York 12224
Tel: (518) 474-1289
Fax: (518) 473-5153
www.governor.ny.gov/judicial-screening

New York State Judicial Screening Committee

Douglas Dunham, Chair


Counsel, Quinn Emanuel Urquhart & Sullivan

Catherine Beltz-Foley
Partner, Paul William Beltz LLC

Robert Cohen
Founding Partner, Cohen Clair Lans Greifer & Thorpe LLP

Hon. Betty Weinberg Ellerin


Senior Counsel, Alston & Bird LLP

John Elmore
Senior Trial Counsel and Managing Attorney, Brown Chiari

Henry M. Greenberg
Partner, Greenberg Traurig LLP

Laura Harshbarger
Partner, Bond Schoeneck & King, PLLC

Hon. Jeffrey LebowitzSpecial Counsel, Jaspan Schlesinger LLP

Roger MaldonadoPartner, Balber, Pickard, Maldonado & Van Der Tuin, PC

Benedict Morelli
Founder & Partner, Morelli Ratner PC

Erika Thomas

42
74022875_1
Hon. George A. Yanthis
Ret. Magistrate Judge, U.S. District Court (SDNY)

First Department Judicial Screening Committee

Robert Cohen, Chair


Founding Partner, Cohen Clair Lans Greifer & Thorpe LLP

Shelia Boston
Partner, Kaye Scholer

Kathy Chin
Partner, Cadwalder, Wickersham & Taft LLP

Mylan Denerstein
Partner, Gibson, Dunn & Crutcher LLP

Bernice K. Leber
Partner, Arent Fox LLP

Jeffrey A. Lichtman
Senior Partner, Trolman, Glaser & Lichtman PC

Hon. E. Leo Milonas


Partner, Pillsbury Winthrop Shaw Pittman LLP

Milton L. Williams, Jr.


Partner, Vladeck Waldman Elias & Engelhard PC

Stephen Younger
Partner, Patterson Belknap Webb & Tyler LLP

Mark Zauderer
Partner, Flemming Zulack Williamson Zauderer LLP

Second Department Judicial Screening Committee

Hon. Jeffrey Lebowitz, Chair


Special Counsel, Jaspan Schlesinger LLP

Hon. Seymour Boyers


Partner, Gair Gair Conason Steigman Mackauf Bloom & Rubinowitz

I. Bennett Capers
Professor of Law, Brooklyn Law School

43
74022875_1
Nicholas Gravante
Administrative Partner and General Counsel, Boies, Schiller & Flexner LLP

M. Allan Hyman
Partner, Certilman Balin Adler & Hyman LLP

Peter J. Johnson, Jr.


President and Member, Leahey & Johnson PC

Lenore Kramer
Partner, Kramer & Dunleavy, LLP

Cody McCone
Partner, O’Dwyer & Bernstien LLP

Benedict Morelli
Founder and Partner, Morelli Ratner PC

Kevin J. Plunkett
Deputy County Executive, County of Westchester

Manuel A. Romero
Manuel A. Romero, PC

Magda Jiminez Train


Partner, Boies, Schiller & Flexner LLP

44
74022875_1
Third Department Judicial Screening Committee

Henry M. Greenberg, Chair


Partner, Greenberg Traurig LLP

Eli Basch
Founding Partner, Basch & Keegan

Hermes Fernandez
Member, Bond Schoeneck & King, PLLC

Michael J. Hutter, Jr.


Special Counsel, Powers & Santola LLP

Ross D. Levi
Vice President of Marketing Initiatives, Empire State Development

Kathryn Grant Madigan


Partner, Levene, Gouldin & Thompson, LLP

Theresa B. Marangas
Partner, Wilson Elser Moskowitz Edelman & Dicker LLP

Dennis McCabe
Retired, Former Assistant Attorney General

Norma G. Meacham
Partner, Whiteman Osterman & Hanna LLP

Richard J. Miller, Jr.


Managing Partner, Morris & McVeigh LLP

Lisa Ghartey Ogundimu


Assistant Commissioner, Child Welfare and Community Services,
New York State Office of Children and Family Services

Hon. George A. Yanthis


Ret. Magistrate Judge, U.S. District Court (SDNY)

Fourth Department Judicial Screening Committee

Laura Harshbarger, Chair


Partner, Bond Schoeneck & King, PLLC

T. Andrew Brown
Partner, Brown & Hutchinson

45
74022875_1
A. Vincent Buzard
Member, Harris Beach LLP

John A. Cirando
Owner, D.J. & J.A. Cirando, Esqs.

Vincent E. Doyle, III


Partner, Connors & Vilardo LLP

John Elmore
Senior Trial Counsel and Managing Attorney, Brown Chiari

Ken Manning
Partner, Phillips Lytle LLP

Makau W. Mutua
Professor, University of Buffalo Law School and the World Bank

Edward J. Nowak
Former Public Defender

Anne Beltz Rimmler


Partner, Paul William Beltz, PC

Philip G. Spellane
Member, Harris Beach LLP

46
74022875_1
APPENDIX I

Sample Judicial Screening Committee Questions

State date, place of birth (giving date, borough, if any, city or town, and state or country), and
country of citizenship.

() List name, occupation, residence, and business address for each individual with whom
you reside.

() In the case of a child, no matter where the child resides, list the child’s name, date of
birth, and residence address, occupation, if any, and business address, and the name of
any school where the child is currently in attendance and its address.

State every residence you have had in the last ten years, including any temporary residence,
in the United States or elsewhere, with the exact address of each, and the month and year of the
beginning and ending of such residence.

State all colleges and professional schools (other than law schools) ever attended. If you did
not receive a degree from any such institution, state that fact.

() List the post-law school continuing legal education courses in which you have
participated within the past four years (in chronological order) that qualified for
mandatory continuing legal education credit: (i) description of course, (ii) date, (iii)
sponsor, (iv) number of hours.

() For your most recent biennial registration period, did you satisfy New York State’s
mandatory continuing legal education requirement? If no, please describe the
circumstances.

State if you ever attended any other schools of any kind, other than elementary or secondary,
or pursued any course of study in addition to those mentioned above.

Have you ever served in the Armed Forces (reserves or otherwise)?

() If so, give the following information: (i) dates of service, (ii) branch of service, (iii)
nature of discharge and rank at time of discharge, (iv) awards or citations.

() Have you registered under the U.S. Selective Service Act of 1948? If so, give the
following information: (i) State original classification and each reclassification. (ii) If
your classification or reclassification is other than 1A, give the reasons therefore.

Have you ever been rejected or released from service by any of the armed services for
reasons other than honorable? If so, state the details.

47
74022875_1
() List, in chronological order, all employment and periods of unemployment since
graduation from law school, including if you have practiced in partnership with others.
Provide (i) Name of Firm or Employer; (ii) Address; (iii) Name of Supervisor; (iv) Dates
of Employment or Unemployment; (v) Nature of Employment (or activity while
unemployed); (vi) Reason for Leaving. In any instance where you practiced law as an
associate or a partner and such association or partnership was terminated, state the reason
for such termination.

() If law school attendance did not commence within a few months following completion of
undergraduate course study, list all employment and periods of unemployment between
college and law school. Provide: (i) Name of Employer; (ii) Address; (iii) Name of
Supervisor; (iv) Dates of Employment or Unemployment (Month/Year of the beginning
and ending thereof); (v) Nature of Employment (or activity while unemployed); (vi)
Reason for Leaving.

() Have you ever been disciplined, in any manner, in connection with any employment (e.g.,
suspended, demoted, reprimanded, fined, penalized, or terminated)?

Have you ever been engaged on your own account or with others in any business or
profession, part-time or full-time, other than those listed in your answer to question 8?

If so: (i) state under what name; (ii) give in detail the nature thereof; (iii) the month and year
of the beginning and ending (if applicable) of your connection therewith; (iv) position held; (v)
all business or professional addresses; (vi) Any such business or profession carried on by you
either alone or with others or in partnership, and any incorporated business carried on by you
either alone or with others, should be listed here with names and addresses of all partners or
associates; (vii) If any business or profession has been discontinued, or if your connection
therewith has ceased, state why and whether or not there are unpaid debts or claims or pending
litigation.

State all courts (federal and state) in which you are admitted to practice, together with the
dates of admission.

State all areas of the law in which you have concentrated or have had substantial experience
and state the period during which you have had such substantial experience.

() Have you ever held judicial (in addition to the office you now hold if you are currently a
judge), public, or political office, elective or appointive, including that of arbitrator,
mediator, law clerk?

() Describe any executive or administrative experience you have had, whether through your
occupation or otherwise, giving details and duties.

() Do you or any members of your family hold any memberships (other than voter
registration) in political organizations or engage actively in any political activities?

48
74022875_1
() Are you related by blood or marriage to, or do you have a significant relationship with
anyone involved in the judicial screening process with respect to the position you are
seeking? If so, please supply name, relation, and position of such individual.

() Are you related by blood or marriage to, or do you have a significant relationship with
any attorney or judge, or any other person whose employment, position, affiliation, or
activity may reasonably create, with respect to your carrying out the duties of the office
you are seeking, the appearance of a conflict of interest? If yes, please supply name,
relation, and employment, position, affiliation, or activity.

Are you now, or have you ever been, the subject of any formal complaint or charge filed with
any disciplinary committee, investigative office, court, government agency, employer, or bar
association arising out of your official or professional responsibilities during the course of your
(a) law practice, (b) public or judicial service, or (c) campaign for public or political party
officer? If yes, please describe each complaint or charge and its outcome, including the time
frame and whether the governmental agency or other entity to whom such complaint or charge
was made censured you, issued a caution, imposed a sanction, or took any other action
whatsoever criticizing your conduct, even if the complaint or charge was dismissed.

Are you now, or have you ever been the subject of any claim of malpractice, in an action or
otherwise? If yes, please describe the claim and/or proceeding and its outcome. Please provide
documentation pertaining to each claim(s). If you are or were a member of a firm or
organization that was the subject of any claim of malpractice, please describe the claim if it is
related to a case or matter on which you worked and state whether your conduct was the subject
of the claim.

Have you, your firm, your employer or any of your clients ever been cited for contempt or
otherwise had a sanction imposed upon you or them as a result of your conduct in any judicial or
administrative proceeding?

Have you ever been the subject of a claim, or received individual counseling from an
employer arising from an actual or perceived claim, about discrimination, or harassment on the
grounds of an individual’s actual or perceived age, race, creed, color, gender, sexual orientation,
religion, national origin, disability, marital status, socioeconomic status, alienage, or citizenship
status?

State where you have ever:

() Been summoned, arrested, or charged with any offense or crime other than a traffic
offense, even if the summons, arrest, or charge was later withdrawn, voided, vacated, or
dismissed?

() Have you ever been taken into custody, or indicted, or convicted, or tried or cited for, or
charged with, or pleaded guilty to the violation of any law, ordinance, or the commission
of any felony, misdemeanor, or contempt of court?

49
74022875_1
() Have you ever been subpoenaed, called as a witness, questioned or interviewed, or asked
to provide testimony or documents before any federal, state, or local prosecutor, court,
legislative, civil, regulatory, criminal, or other investigative body, or grand jury?

() Have you ever failed to answer on the return date any ticket, summons, or other legal
process served upon you personally at any time?

() As a member of any armed forces, been the subject of any charges or complaints, formal
or informal, or have any proceedings been instituted against you, or have you been a
defendant in any court martial or been disciplined?

() Been the subject of any investigation by any federal, state, or city, or other governmental
agency, or other investigative body, or by any grand jury, or the Internal Revenue
Service?

() Has any federal, state, or city, or other governmental agency, or other investigative body,
or a grand jury, or the IRS initiated or completed an investigation of any law firm,
corporation, business, partnership, joint venture, government agency, or other similar
entity with which you are, or were at the relevant time, affiliated?

() Resigned from or, for other reasons, ceased to be a member of the bar or bench of any
state or court in any jurisdiction, a member of any governmental body, a hearing officer,
or an occupant of any other similar position?

If you answered “Yes” to any subdivision of this question, state the facts in detail,
including in each case, the name and locality of the court, agency, or other body, the
dates of beginning and termination of action or proceeding, and the judgment or other
disposition.

() Have you ever been involved as a party to any litigation (criminal, civil, or
administrative), other than an action you have previously identified in answer to question
14? If so, please provide copies.

() Are there any unsatisfied judgments against you?

() Are there any tax warrants, tax liens, or mechanics’ liens outstanding against you or
property you own or have an interest in?

() Are you in default or has any party claimed that you are in default in the performance or
discharge of any duty or obligation imposed upon you by any governmental agency or
decree or order of any court including alimony/maintenance and support orders and
decrees?

Has any petition in bankruptcy ever been filed by or against you?

50
74022875_1
() Have you, whether personally, as a fiduciary, a partner, or an officer, timely filed all tax
returns of any nature, including, but not limited to, income, information, gross receipts,
rent and occupancy, franchise, unincorporated business, etc.?

() Has any Federal, State, City or other taxing authority claimed that you have failed to pay
adequate taxes, penalties or other charges for any tax year?

() Have you ever been issued a license, other than a marriage license, license to practice
law, license as a notary public, or driver’s license?

() Has any license, including a license to practice law, a license as a notary public, or a
driver’s license, ever been revoked or suspended?

() Have you used or do you currently use illegal drugs?

() Have you abused or do you currently abuse any prescription drugs?

() Have you abused or do you currently abuse alcohol?

If you answered yes to any of these questions, please explain.

Has any employer or supervisor ever counseled you regarding, or expressed concern about,
your absenteeism?

() List all bar associations, other professional societies and community organizations of any
kind of which you are a member, and give the titles and dates of any office,
chairmanship, or committee membership which you have held.

() List any other organizations of which you are or have been a member, including social or
fraternal, and give the titles and dates of any office, chairmanship, or committee
membership which you have held.

() Have you written any articles for publication? If so, give the name and date of the
publication and the title and subject matter of each article.

() List any teaching positions you have held, including part-time or occasional, with dates
and a description of the subject matter and educational institution or sponsor.

Have you ever been rated as a candidate for office (including the present office for which you
wish to be considered) by any bar association or other professional association? If yes, state the
office(s) for which you were rated, the name and address of the organization(s) which issued the
rating, the date of the rating, and the rating which you were given.

51
74022875_1
Please provide the following information:

() whether within the last ten years you have appeared in court regularly, occasionally, or
not at all, and, if the frequency of your court appearances varied during this period,
explain the variance;

() the number and types of cases you have handled in the past ten years;

() what percentage was civil, criminal, family, or administrative, or attributable to a more


specific type of case, such as personal injury, landlord and tenant, etc.;

() of these cases, the types and number of each type of trial you have conducted in the past
ten years;

() the number of cases in category (d) of this question which ended in a verdict or judgment
or ruling by the trier of fact;

() the number of cases listed in category (d) of this question which were tried before a jury;

() the courts or other tribunals in which the cases were tried;

() the number and types of appeals briefed in the past ten years;

() the number of appeals argued and the courts in which the arguments were heard;

() the number and types of dispositive motions you have litigated in the past ten years;

() the number of dispositive motions you have argued and the courts or other tribunals in
which the arguments were heard; and

() the title and citation of reported cases in which you conducted the trial, wrote the brief
and/or argued the appeal, or wrote the papers on the dispositive motion.

Submit a list of the last ten trials, dispositive motions, or appeals in which you have actively
and substantially participated in any state or federal court at the trial or appellate level, including
the title of the case, the index, docket, or indictment number, the court in which the case was
heard, a concise description of the nature of the case, the date of the trial or oral argument, the
name, address, and telephone number of each adversary and co-counsel, and the names,
addresses, and telephone numbers of the judges who presided at trial or sat on the appellate
panel. For each appellate matter, please submit one copy of your brief.

Submit a list of the name, court, and telephone number of the last ten judges before whom
you appeared in the last three years (other than for routine calendar appearances).

52
74022875_1
() Attach a statement describing your legal experience other than litigation. Include in that
statement a general description of the last ten matters you handled and the names,
addresses, and telephone numbers of the lawyers, other than your associates, employees,
partners, co-tenants, supervisors, or employers, with whom you worked on each of those
ten matters. For example, judicial law clerks should list the attorneys with whom they
had substantial contact. Similarly, law professors should list attorneys, judges, and/or
other law professors who are familiar with their work.

() Attach three recent writing samples of your legal writing, and if you are not the sole
author of the sample, please explain your role in its preparation.

() State any other relevant experience for this position not requested in any of the foregoing
questions.

53
74022875_1

You might also like