New York
New York’s highest court is the Court of Appeals of New York. The court has six associate judges and one chief judge. The chief judge is appointed according to the same procedures as the associate judges. (Source: New York Constitution)
Judicial Selection
The governor nominates a Court of Appeals judge from a list provided by a judicial nominating commission. The governor’s nominee must be confirmed by a majority of the state senate. An appointed judge serves a 14-year term. Judges may stand for reappointment to additional 14-year terms in the same appointment process. To fill an interim vacancy, the governor nominates a candidate from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. There are no term limits. The mandatory retirement age is 70.
State Constitution
New York has had four state constitutions adopted between 1777 and 1894. As of January 1, 2026, it had 235 amendments. (Data on file with John Dinan, Wake Forest University.)
New York’s First Constitution Was a Reaction to British Rule
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Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers
The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.
Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
Equal Rights Amendments and Age-Based Discrimination
A majority of the New York high court upheld the state’s mandatory retirement rules for judges but avoided grappling with the complexities of the new ERA.
State Constitutions Must Better Protect Children
State and federal law fails children caught in custody battles, sometimes with tragic results.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
Proposed Law Could Eliminate the Cap on Number of Judges in New York
The legislation would allow the public to vote on a state constitutional amendment removing limits on the number of judges serving each district. Such a change would alleviate delays and increase access to justice.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.