New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.5 - Executive order no. 5: establishing judicial nominating committees

Current through Register Vol. 46, No. 28, July 10, 2024
I, Hugh L. Carey, Governor of the State of New York, in
					 accordance with my desire to appoint as judges only those persons who are, by
					 virtue of their learning, experience, character and temperament, well qualified
					 to assume the duties of judicial office, do hereby establish Judicial
					 Nominating 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 Nominating 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 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, and 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, unless required in connection with the performance of official duties
					 or disciplinary proceedings.
2. There is hereby established a State
				  Judicial Nominating Committee, consisting of the Chairman of each of the
				  departmental judicial nominating committees established by paragraph three of
				  this Order, and two of the other members of each of the departmental judicial
				  nominating committees, who shall be selected by the members of each committee
				  provided, however, that the two members so selected shall not be enrolled in
				  the same political party and of the two members so selected, one shall be a
				  lawyer, and one shall be a non-lawyer. The Chairman of the State Judicial
				  Nominating Committee shall be selected by the members of the Committee, from
				  among the members of the Committee.
The State Judicial Nominating Committee shall have
					 jurisdiction to consider the qualifications of candidates for appointment to
					 the offices of Judge and Chief Judge of the Court of Appeals, and candidates
					 for appointment to the offices of Judge and Presiding Judge of the Court of
					 Claims, and to recommend to the Governor persons who are well qualified for
					 those judicial offices.
When exercising the power to fill a vacancy in the office
					 of Chief or elected Associate Judge of the Court of Appeals, pursuant to
					 Section 2(c) of Article VI of the Constitution; or 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 Nominating Committee as well qualified
					 for the judicial office to which the appointment is to be made.
The State Judicial Nominating Committee shall promulgate
					 appropriate rules and regulations to govern its proceedings and those of the
					 departmental and county nominating committees established by this Order.
3. There is hereby established in
				  each judicial department of the State a Departmental Judicial Nominating
				  Committee, consisting of eleven members selected as follows: four members, not
				  more than two of whom shall be enrolled in the same political party, at least
				  two of whom shall be non-lawyers, shall be selected by the Governor; four
				  members, not more than two of whom shall be enrolled in the same political
				  party, at least two of whom shall be non-lawyers, shall be selected by the
				  Chief Judge of the Court of Appeals; one member, who shall be a lawyer, shall
				  be selected by the Presiding Justice of the Appellate Division of such
				  department; and two members, who shall not be enrolled in the same political
				  party, at least one of whom shall be a lawyer, 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 Nominating 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 Nominating Committees, consideration shall be given to the need to
				  achieve broad representation of the community.
Each Departmental Judicial Nominating 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 persons who are well qualified for those judicial
					 offices.
When exercising the power to designate the Presiding
					 Justice of 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 Nominating 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 Nominating Committee, consisting of the judicial
				  nominating committee for the department in which the county is located plus two
				  additional persons who shall be residents of, have an office in, or work in the
				  county in which they are to serve, to be selected by the chief executive
				  officer of the county, one of whom shall be a lawyer, and one of whom shall be
				  a non-lawyer, provided, however, that the two persons so selected shall not be
				  enrolled in the same political party. The Chairman of the Departmental Judicial
				  Nominating Committee shall also serve as Chairman of the County Judicial
				  Nominating Committee.
As used herein, the term chief executive officer for the
					 county shall 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 Nominating 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 persons who are 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
					 Nominating Committee as well qualified for the judicial office to which the
					 appointment is to be made.
5. No member of a judicial nominating
				  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 nominating 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 nominating committees shall receive reimbursement for any necessary
				  expenses incurred by them in connection with the performance of their duties.
				  Each judicial nominating 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 committed and its staff.
Signed: Hugh L. CareyDated: February 21, 1975
[FN*] [Revoked and superseded by Executive Order No. 9
					 (Mario M. Cuomo) §
											4.9, infra.]