Tag: commission on judicial nomination

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Asian American Judges Association of New York (AAJANY) Statement Raising Concern about Newly Proposed Program Bill

March 30, 2023 – On behalf of the Asian American Judges Association of New York (AAJANY), we would first like to congratulate the seven candidates who have been nominated to fill the Chief Judge vacancy on the New York State Court of Appeals. Our state’s highest court is a Court for the people, inclusive of every race, ethnicity, gender, religion and more. Likewise, the process of selecting the six Associate Judges and Chief Judge that make up this Court must be thorough and all-inclusive. We wish to emphasize the importance of a fair and thoughtful selection process for any future Associate Judge appointment and express concern over the newly proposed Program Bill.


There has never been an Asian American judge on the Court of Appeals. To date, there have only been five Asian American judges on the Appellate Division, and only in the First and Second Departments. Since 1979, the Commission on Judicial Nomination has published 37 nomination lists for appointment to the Court of Appeals. An Asian American candidate did not appear on a list until the 25th vacancy in 2012. In the entire history of the Commission on Judicial Nomination, an Asian American has only appeared on the list on five occasions.


Jeh Johnson’s report on Equal Justice in the New York State Courts, dated October 1, 2020, highlighted the significant deficiencies in the representation and promotion of Asian American and Latino judges. There are no Asian American or Latino American candidates on the Commission’s current list for the Chief Judge vacancy. On Monday, March 27, 2023, new legislation was proposed which would significantly modify the well-established procedure for filling an Associate Judge vacancy on the Court of Appeals. Were the Governor to select a sitting Associate Judge from the Court of Appeals as the next Chief Judge, and then select from this same list of nominees to fill that vacancy, there will be no opportunity for the Governor to consider an Asian American for the Associate Judge position. In fact, there will be no opportunity for the Governor to consider any candidate of color. Diversity of candidates is paramount in the selection process of an Associate Judge to our highest court, and so we call for that process to be complete, fair, and inclusive of all.

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Commission on Judicial Nomination is Seeking Applications for Chief Judge of the New York Court of Appeals and State of New York

July 29, 2022

Contact: Henry M. Greenberg, Counsel

Phone: (518) 689-1492

e-mail: [email protected]

FOR IMMEDIATE RELEASE

Yesterday, the Commission on Judicial Nomination was formally notified by the Clerk of the Court of Appeals of the State of New York of the coming vacancy on the Court created by the resignation of Chief Judge Janet DiFiore, effective August 31, 2022.  Accordingly, the Commission is taking up the task of seeking recommendations and applications of persons who may be qualified to serve as Chief Judge of the Court of Appeals, as well as Chief Judge of the State of New York. 

Candidates for Chief Judge DiFiore’s vacancy may download an application from the Commission’s website (www.nysegov.com/cjn) or contact the Commission’s Counsel, Henry M. Greenberg, c/o Greenberg Traurig, LLP, 54 State Street, 6th Floor, Albany, New York 12208 [Tel.: (518) 689-1492; e-mail: [email protected]; Fax: (518) 689-1499].  Applications may be filed electronically by e-mailing them to [email protected] or submitted by mail to the Commission’s Counsel.  Applications must be submitted to the Commission no later than August 29, 2022.

The Commission was created by Article 6, § 2 of the New York State Constitution.  Consistent with its mandate, the Commission is entrusted with responsibility for evaluating, and then recommending to the Governor, candidates to fill vacancies on the Court of Appeals.  The Commission vigorously seeks out, carefully evaluates and then shall nominate to the Governor seven well-qualified candidates for the office of Chief Judge from the extraordinary, diverse community of lawyers admitted to practice in New York State for at least ten years.  The Governor’s appointment is subject to confirmation by the New York State Senate.

To fill past judicial vacancies on the Court, the Commission has nominated to the Governor a wide variety of lawyers, including private practitioners, public interest attorneys, law professors, government officials and sitting Federal and State judges. While prospective candidates must file an application with the Commission, recommendations may be made by anyone who believes that a prospective candidate could be an excellent Chief Judge of the Court of Appeals and the State of New York.  Recommendations of qualified candidates for a vacancy are encouraged and may be made to the Commission’s Counsel.  

If any person or organization wishes to receive copies of future Commission press releases, please provide an e-mail or mailing address to the Commission’s Counsel.  The Commission will register the address and make every effort to distribute future press releases in the designated manner.  Persons interested in learning more about the Commission are encouraged to visit its website: www.nysegov.com/cjn.