New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.10 - Executive order no. 10: establishing judicial screening committees to ensure that judicial officer appointments are of the highest quality

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, under the Constitution and Laws of the State of
					 New York the Governor is entrusted with the responsibility of appointing
					 various judicial officers;
WHEREAS, both the rule of law and public confidence in the
					 integrity of the judicial process require that the primary criteria for
					 selecting judicial officers be the quality of their intellect, judgment,
					 temperament, character and experience; that candidates for judicial office be
					 chosen without regard to political party affiliation or background; that highly
					 qualified candidates be encouraged to apply for judicial offices; and that
					 highly qualified candidates should be drawn from a cross-section of the state,
					 reflecting a diversity of experience and background;
WHEREAS, the highest quality of judicial officer
					 appointments can best be assured with the assistance of non-partisan judicial
					 screening committees composed of outstanding citizens drawn from all quarters
					 of the State; and
WHEREAS, the first obligation of Government is to protect
					 its citizens from crime and violence; public confidence in the criminal justice
					 system has been eroded; and certain judicial offices exercise important
					 responsibilities in the administration of the criminal justice system;
NOW, THEREFORE, I, GEORGE E. PATAKI, 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 as follows:
1. Judicial Screening Committees, as
				  described below, are hereby established.
2. Each Judicial Screening Committee shall:
a. actively recruit candidates for
				  appointment or designation to the judicial offices within the committee's
				  jurisdiction, to the end of obtaining candidates reflecting the diverse
				  backgrounds and experience of the citizens of this State;
b. review and evaluate the qualifications of
				  candidates recruited by it or proposed to it by any person or organization, and
				  conduct all appropriate inquiry into the qualifications of all such candidates.
				  In reviewing and evaluating the qualifications of candidates, each committee
				  member shall give primary consideration to the quality of a candidate's
				  intellect, judgment, temperament, character and experience, and shall not give
				  any consideration to the race, religion, gender, national origin, sexual
				  orientation or political party affiliation of a candidate. Whenever appropriate
				  to a particular judicial office, each committee member shall remain cognizant
				  of my commitment to protecting the citizens of this State from crime and
				  violence and to enhancing public confidence in the criminal justice
				  system;
c. recommend for
				  appointment or designation only those candidates who, as determined by a
				  majority vote of all members of the committee, are highly qualified for the
				  judicial office for which they are being considered. No committee shall pass on
				  the qualifications of any candidate until after a thorough inquiry has been
				  made by the committee and its staff;
d. prepare written reports on the
				  qualifications of each candidate it determines to be highly qualified and
				  recommends to the Governor. The reports shall remain confidential, except that
				  upon the announcement by the Governor of an appointment the report relating to
				  the appointee shall be available for public inspection. All records and
				  deliberations of, and all communications to, the Judicial Screening Committee
				  with respect to a candidate's qualifications shall be held in confidence and
				  shall not be disclosed to anyone other than the Governor, Counsel to the
				  Governor or their designees. Notwithstanding the foregoing, information
				  submitted to the Judicial Screening Committees relating to an appointee may be
				  disclosed to the Senate when necessary for constitutional confirmation of the
				  appointee, and information submitted to the Judicial Screening Committee may be
				  disclosed to any other person or organization if disclosure is required in
				  connection with disciplinary proceedings.