New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.15 - Executive order no. 15: establishing judicial screening committees

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
					 judicial officers to the offices of Judge and Presiding Judge of the Court of
					 Claims; designating Justices of the Supreme Court to the offices of Justice,
					 Temporary Justice, and Presiding Justice of the Appellate Division of the
					 Supreme Court; and appointing judicial officers to fill vacancies in the
					 offices of Justice of the Supreme Court, Judge of the County Court, Judge of
					 the Surrogate's Court, and Judge of the Family Court outside the City of New
					 York; and
WHEREAS, a fair, impartial, independent, highly qualified,
					 and diverse judiciary is essential to ensuring justice for all who come before
					 New York State's courts and to fostering public confidence in the integrity of
					 the judicial process; and
WHEREAS, a fair, impartial, independent, highly qualified,
					 and diverse judiciary is cultivated by:
1. encouraging highly qualified candidates
				  from all parts of New York State, with diverse backgrounds and experiences, to
				  apply for judicial offices;
2.
				  reviewing candidates for judicial office without regard to political beliefs or
				  party affiliation; and
3. selecting
				  judicial officers who reflect the diverse backgrounds and experiences of the
				  residents of New York State, based on their integrity, independence, intellect,
				  judgement, temperament, and experience; and
WHEREAS, the highest quality of judicial appointments can
					 best be assured with the assistance of diverse, credible, impartial and
					 non-partisan judicial screening committees;
NOW, THEREFORE, I, Andrew 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 as follows:
A. Purpose and Duties
1. Judicial Screening Committees are hereby
				  established to evaluate the qualifications of candidates for appointment or
				  designation to judicial office throughout New York State, and to recommend to
				  the Governor those persons who are highly qualified to hold judicial
				  office.
2. Each Judicial Screening
				  Committee shall:
a. Actively recruit
				  candidates for appointment or designation to the judicial offices within the
				  committee's jurisdiction. In recruiting candidates, the Judicial Screening
				  Committees shall strive to find candidates that reflect the diverse backgrounds
				  and experiences of the citizens of New York State;
b. Review and evaluate the qualifications of
				  all candidates for appointment or designation. In reviewing and evaluating the
				  qualifications of candidates, each committee member shall give primary
				  consideration to each candidate's integrity, independence, intellect, judgment,
				  temperament and experience, and shall not give any consideration to the age,
				  creed, color, national origin, sexual orientation, military status, sex,
				  disability, predisposing genetic characteristics, marital status or political
				  party affiliation of the candidate;
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. Committee reports shall be made available to
				  the public upon request. All other records and deliberations of, and all
				  communications to, any Judicial Screening Committee with respect to a candidate
				  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 any Judicial Screening Committee relating
				  to an appointee may be disclosed to the Senate when necessary for confirmation
				  of the appointee, and information submitted to a Judicial Screening Committee
				  may be disclosed to any other person or organization if disclosure is required
				  in connection with disciplinary proceedings or its otherwise required by
				  law.