Prior to the confirmation of Jenny Rivera, a professor of law at the City University of New York Law School, as an associate judge of the New York Court of Appeals, the Law Journal reported one member of the Senate as saying she was less qualified than 11 Hispanic judges who should have been considered for the nomination. The suggestion that there should be a "Hispanic seat" on the Court of Appeals was accepted without comment. This concept that a nominee should be a "representative" of an ethnic or social group, however antithetical to the New York Constitution and the Judiciary Law, is the direct result of the politicization of the judicial selection process by the rules of the Commission on Judicial Nomination.
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