The state Commission on Judicial Nomination will make its recommendation to Governor Andrew Cuomo by March 7 on its nominees to fill the Court of Appeals opening created by the death of Judge Theodore Jones Jr. Under state Judiciary Law 68(2), the governor will have between 15 and 30 days to make a nomination from the list of three to seven candidates sent by the commission. The nominee must be confirmed by the state Senate.
The commission said it had not yet set a deadline to receive applications for the Jones opening but would do so within the next few weeks. Details will also be posted at the commission’s website, nysegov.com/cjn.
The commission is now reviewing applicants for the Court of Appeals opening that will occur on Dec. 31, when Judge Carmen Beauchamp Ciparick, 70, will step down due to mandatory retirement rules. The commission must make its recommendation for her replacement on Dec. 1. By statute, Cuomo must submit a nominee to the state Senate from the commission’s list between Jan. 1 and Jan. 15.
Commission counsel Stephen Younger said applicants for the Ciparick opening have either consented to be considered for future vacancies or will be asked if they want to be considered for the Jones vacancy. Applicants who did not seek the Ciparick opening will undoubtedly step forward for the Jones vacancy, commission officials said. The commission is chaired by Judith Kaye, the former chief judge who is now of counsel to Skadden, Arps, Slate, Meagher & Flom.