The state Commission on Judicial Nomination yesterday released for public comment proposed revisions of its rules that pledge “broad outreach” to identify qualified candidates for the Court of Appeals “from a wide range of New York’s diverse communities.” Last year, Governor David A. Paterson and others expressed “outrage” when the commission delivered an all-male list of candidates—including only one black judge — to replace then-Chief Judge Judith S. Kaye (NYLJ, Dec. 4, 2008).
The commission’s new rules would codify or make explicit what its members say always has been commission practice to ensure diversity, although applications have plummeted in recent years. The rules provide that the commission’s chair, now former Judge Kaye, would request a meeting with the governor or the governor-elect to discuss Court vacancies and recruiting efforts to fill them. Further, the chair would be authorized to appoint a special search committee of commission members to solicit recommendations from the legal community. The new rules also aim to simplify applications by establishing a two-step process beginning with a short-form questionnaire and a resume. Finally, under the new rules, the commission would give the governor more information about each nominee, as well as a description of the commission’s outreach.
