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, 2024, it had 233 amendments. (Source: John Dinan, 2024)
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State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
New York Courts Should Reject Texas’s Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
The Power of State Reproductive Freedom Amendments
A new report analyzes the language and effects of recently adopted amendments protecting reproductive rights and highlights their potential for abortion access and beyond.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”