2007 Issue 1 - New York City Bar Association

J U D I C I A L S E L E C T I O N S Y S T E M I N N E W Y O R K S T A T E
i. The Impact on Minority Candidates Subcommittee, chaired by Judge
Deborah Batts, reviewed a large variety of data, empirical studies
and articles regarding minority representation on the bench.
The subcommittee realized that—for a number of reasons—the
data was inconclusive as to whether one of the two systems—
appointive or elective—better promotes diversity. The subcommittee
did, however, reach general conclusions as to improvements
that could and should be made to both systems to promote
a more diverse pool of candidates and, thus, a more diverse
bench. See infra Section III.
ii. The Lopez Torres Subcommittee, chaired by Dean David Rudenstine,
followed closely the evolution of Lopez Torres from the Eastern
District of New York to the Second Circuit and oversaw the drafting
of the Association’s amicus brief that was submitted in May 2006
before the Second Circuit in support of affirmance of Judge
Gleeson’s decision. 5 As noted above, the decision was affirmed. 6
iii. The Improvement of the Elective System Subcommittee, chaired
by Lawrence Mandelker, studied and discussed improvements
that can be brought to the current constitutionally mandated
elective process until the State Constitution is amended in favor
of a commission-based appointive system. The result of that
work is incorporated herein. See infra Sections I and II.
In this Report on Recommendations on the Selection of Judges and
the Improvement of the Judicial Selection System in New York State (the
“Report”), the Task Force firmly reiterates the Association’s long-standing
position in favor of a commission-based appointive system. It sets forth a
proposed amendment to Article 6 of the New York State Constitution to
implement such a system. See generally Section I.
The Task Force recognizes, however, that the current system of election
has been long entrenched in New York and that a change to an
appointive system could entail a process which could face considerable
political opposition and which, in addition, could be complex and lengthy.
Mindful of such a reality, the Task Force is also recommending a statutory
5. The amicus brief was drafted by the law firm of Skadden, Arps, Slate, Meagher & Flom LLP.
The Task Force is particularly grateful to Sheila L. Birnbaum and Preeta D. Bansal for their
generous and skillful assistance. Judge Deborah Batts and Richard Rifkin recused themselves
from any discussion or consideration of the amicus brief and of the Lopez Torres case more
generally.
6. Lopez Torres, 463 F.3d 161.
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