N.Y. Comp. Codes R. & Regs. tit. 9 § 4.149

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.149 - Executive order no. 149: toward a diverse judiciary - task force on minorities on the bench

WHEREAS, the United States Supreme Court rules in Chisom v. Roemer (June 20, 1991, Docket Nos. 90-757 and 90-1032) that the Voting Rights Act's ( 42 U.S.C. § 1973 ) proscriptions against the dilution of minority voting strength are applicable to judicial elections;

WHEREAS, the majority of New York State's judges are elected rather than appointed;

WHEREAS, of the 1,129 State court judges sitting in 1989, only 6.3 percent were African- Americans, 1.7 percent were Hispanics, .26 percent were Asian Americans and 0 percent were Native Americans;

WHEREAS, the New York State Commission on Judicial Minorities found that there was support for "at least the assertion that minorities are under-represented in the judiciary relative to minority representation in the general population";

WHEREAS, the composition of the districts from which the State' s judges are elected, whether based on city, county, judicial district or other geographical boundaries, may disproportionately dilute the votes of minority voters; and

NOW, THEREFORE, I, Mario 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 that there shall be established a Task Force on Minority Representation on the Bench that shall study and report to me by January 15, 1992 on the following issues:

1. Identify the causes of under-representation of minorities on the New York State bench, including any legal impediments or other problems causes by the judicial selection process;

2. Determine whether there is evidence that the composition of any or all of the State's election districts for judges cause a dilution of minority voting strength in violation of the Voting Rights Act;

3. Determine which changes, if any, to the judicial selection process would likely increase minority representation on the bench;

4. Identify methods of increasing minority interest in and access to service on New York's courts; and

5. Identify the best ways to achieve any of the findings or recommendations of the committee.

Members of the Task Force shall be appointed by the Governor, including members recommended by the Attorney General, the Chief Judge and the Legislature. Members of the Task Force shall receive no compensation.

Signed: Mario M. CuomoDated: September 23, 1991

[FN**] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.149