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Election/Nomination, Supreme Court State of New York


The method of nominating a candidate by a political party for the office of Justice of the Supreme Court and then electing a Justice to the Supreme Court of the State of New York has remained unchanged for almost a century. The New York State Constitution Article 6 Section 6 and the Election Law Article 6 are the operative constitutional and statutory provisions. Recently an important federal court ruling has questioned the federal constitutionality of the New York judicial nomination and election process. A link to the relevant ruling "Lopez v NYS Board of Elections" is provided. The Ferrick Report is the work of a committee formed by the Chief Judge of the State of New York to examine alternatives to the current system of nominating and electing a Justice to the Supreme Court of the State of New York. To ensure public confidence in the process of nominating and electing a Justice to the Supreme Court the New York State Office of Court Administration has implemented a recommendation of the Ferrick Report by forming District Judicial Election Commissions. (See OCA Press Release) A link to the rules of the Judicial Election Commission is provided below. The Association of the Bar of the City of New York has proposed sweeping changes to the entire process of filling the office of Justice of the Supreme Court of the State of New York. To read the ABCNY proposals please click the link provided. The U.S. Supreme Court unanimously upheld the constitutionality of New York state's convention system for nominating Supreme Court justices. (New York State Board of Elections v. Lopez Torres, 552 US 196 [2008])

NY Constitution Art. 6 Sec. 6

NY Election Law Art. 6 Sec. 6-124 & 6-126

Judicial Election Commissions

Judicial Election Commissions Guidelines

Lopez v NYS Board of Elections

Ferrick Report

NYC Bar Judicial Selection Report