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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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.
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.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
Habeas and Happy the Elephant
A Bronx Zoo elephant that died last week was made famous in litigation over whether habeas corpus can be used to challenge the confinement of nonhuman animals.
Perhaps Unexpectedly, State Constitutions Sometimes Offer Narrower Rights than the U.S. Constitution
The Ohio Supreme Court recently held that the state right to counsel is not as robust as its federal counterpart.
How Courts Evaluate Election Day Requests to Keep Polls Open Late
Various factors, including the harm to voters and the option for tailored and limited relief, play into whether judges will allow voting to continue past the scheduled closing time.
State Court Oral Arguments to Watch for in May
Issues on the dockets include mid-decade redistricting, defendants’ access to social media evidence, and mandatory judicial retirement.