N.Y. Comp. Codes R. & Regs. tit. 9 § 4.9

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

Section 4.9 - Executive order no. 9: establishing the judicial screening committees

I, Mario M. Cuomo, Governor of the State of New York, in accord with my desire to appoint as judges only those persons who are, by virtue of their character, temperament, professional aptitude and experience, well qualified to assume the duties of judicial office, do hereby establish Judicial Screening Committees, as hereinafter set forth, for the purpose of recommending to the Governor persons to fill vacancies in judicial office. The power to fill a vacancy in a judicial office will be exercised by the Governor in accordance with the procedure outlined below.

1. Judicial Screening Committees are hereby established to evaluate the qualifications of candidates for appointment or designation to judicial office throughout the State, and to recommend to the Governor those persons who are well qualified to hold judicial office. Each committee shall consider the qualifications of any candidate proposed to it by citizen organizations, by any member of the committee, by the Governor, or by any other person or group. Each committee shall establish procedures to assure that persons who may be well qualified for judicial appointment, other than those who have requested consideration or who have been recommended for consideration by others, are encouraged to apply for consideration by the committee. Each committee shall report to the Governor the names of those persons whom it recommends as well qualified to hold any of the particular judicial offices within the committee's jurisdiction as hereinafter set forth. A person may not be recommended by a committee unless a majority of the full membership of the committee concurs in finding that such person is well qualified for appointment to the particular judicial office.

Each committee shall recommend to the Governor only those persons who by their character, temperament, professional aptitude and experience have demonstrated their special qualification for judicial office. The committee shall prepare a written report consisting of a summary of the qualifications of each person recommended to the Governor. Such report shall be made available to the public upon the announcement by the Governor of an appointment, and where Senate confirmation of a nominee is constitutionally required, such report shall be made available to the Senate a reasonable time prior to any public hearing on confirmation of such nominee. Except as may be necessary for the preparation of such reports, all information submitted to the committee shall be confidential, and shall not be disclosed except to the Governor, and to the Senate when needed for constitutional confirmation, unless required in connection with the performance of official duties or disciplinary proceedings.

2. There is hereby established a State Judicial Screening Committee, consisting of the chairman of each of the departmental judicial screening committees established by paragraph three of this Order, and two of the other members of each of the departmental judicial screening committees, who shall be selected by the Governor. The Chairman of the State Judicial Screening committee shall be appointed by the Governor from among the members of the committee.

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 well qualified for those judicial offices. 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 sections 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 well qualified for the judicial office to which the appointment is to be made.

The State Judicial Screening Committee shall promulgate appropriate rules and regulations to govern its proceedings and those of the departmental and county screening committees established by this Order. Such rules and regulations shall include standards and procedures for insuring, to the extent possible, uniformity of criteria for evaluating the qualifications of candidates for appointment or designation to judicial office throughout the State.

3. There is hereby established in each judicial department of the State a Departmental Judicial Screening Committee, consisting of nine members selected as follows: four members shall be selected by the Governor; two members shall be selected by the Chief Judge of the Court of Appeals; one member shall be selected by the presiding Justice of the Appellate Division of such department; and two members shall be selected jointly by the Speaker of the Assembly, the Temporary President of the Senate, the Minority Leader of the Senate, and the Minority Leader of the Assembly. The Chairman of each Departmental Judicial 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. In making selections for the Departmental Judicial Screening Committees, consideration shall be given to the need to achieve broad representation of the community.

Each Departmental Judicial Screening Committee shall have jurisdiction to consider the qualifications of candidates for designation to the offices of 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 for such department, and to recommend to the Governor all persons whom it finds well qualified for those judicial offices.

When exercising the power to designate the Presiding Justice for each Appellate Division pursuant to section 4(c) of article VI of the Constitution; or the power to designate other Justices of each 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 designate or appoint only persons who have been recommended by the appropriate Departmental Judicial Screening Committee as well qualified for the judicial office to which the appointment is to be made.

4. There is hereby established in each county of the State a County Judicial Screening Committee, consisting of the judicial screening committee for the department in which the county is located plus one additional person who shall be a 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 countyshall 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.

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 well qualified for those judicial offices.

When exercising the power of appointment to fill a vacancy in the office of Judge of the County Court, of 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 well qualified for the judicial office to which the appointment is to be made.

5. 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 judicial office in any court of the State during the member's period of service or within one year thereafter. Members of judicial screening committees shall receive 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 properly carry out its responsibilities including adequate investigations into all matters relevant to the qualifications of candidates for appointment to judicial office. The committee shall not pass on the qualifications of any candidate for appointment until after a thorough inquiry has been made by the committee and its staff.

6. Executive Order No. 5 dated February 21, 1975, is revoked and superseded by this Executive Order.

Signed: Mario M. CuomoDated: March 4, 1983

[FN**] [Revokes and supersedes Executive Order No. 5 (Hugh L. Carey), § 3.5, supra.]

[FN[DAGGER]] [Revoked and superseded by Executive Order No. 134 (Mario Cuomo), § 4.134, infra.]

[FN[DOUBLE DAGGER]] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.9