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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Where Abortion Rights Could Be on the Ballot in 2024
As many as 14 states could have abortion-related constitutional amendments on the ballot this year.
Harvey Weinstein, Donald Trump, and Evidence of Past Misconduct
New York’s high court overturned the disgraced producer’s conviction. Will that affect the Trump trial?
Using Appellate Decisions and Algorithms to Advance Judicial Transparency
A new report analyzes New York appellate decisions decreasing sentences in order to identify judges that frequently hand down unduly harsh punishments.
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
The Contentious History Behind New York City’s Right to Shelter
New York State’s high court has yet to define the scope of the right to shelter, which comes from a Depression-era amendment to the state constitution.
State Equal Rights Amendments Can Protect Reproductive Rights Post-Dobbs
The Pennsylvania Supreme Court held that a Medicaid ban on abortion is sex discrimination under the state’s ERA.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
New York’s Top Court Leaves Questions Unanswered on Discovery Laws
The court’s opinion offered guidance on prosecutors’ responsibilities under major criminal justice reform, but precise contours remain unclear.