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.
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.
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.
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.
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.
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