Sec. 7100.8. Consideration of candidates

(a) Commissioner impartiality.

(1) A commissioner will consider each applicant in an impartial, objective manner, and disclose to the commission any relationship with an applicant that has or may reasonably appear to have a bearing on the nomination process.

(2) A commissioner will not be influenced other than by facts or opinion that are relevant to the judicial qualifications of the applicants, and will promptly report to the chairperson any attempt to influence a commissioner other than by fact or opinion.

(3) A commissioner will not individually communicate, directly or indirectly, orally or in writing, with an applicant about the application or the process, from the time the application is submitted until completion of the final vote on the nominations.

(b) Initial screening procedures.

(1) The commission will establish a date by which questionnaires must be filed for a particular vacancy, and after that date the procedures for initial screening of candidates will commence. If the number of applications submitted by potentially well qualified individuals appears to the commission to be inadequate, the commission may extend the deadline for submission of applications and conduct further public outreach.

(2) Each commissioner will be furnished a copy of each application received, together with any further necessary background information, and the chairperson will request each commissioner to provide prompt written advice as to the names of those candidates that the commissioner believes merit further consideration as part of the final nomination process. The chairperson's request will indicate the date by which the members should submit such names. Candidates whose names have not been submitted to the chairperson by at least two commissioners shall not be given further consideration for the particular vacancy unless the commission determines otherwise.

(3) The chairperson will call a meeting of the commission, for a date following the date by which the commissioners are to have proposed candidates who merit further consideration, to assess the relative merits of the remaining candidates and to determine the procedures to be followed for their further consideration. The commission thereafter will meet to determine which candidates will be interviewed by the commission as part of the nomination procedures described in subdivision (c) of this section. Each candidate to be interviewed will be asked to file with the commission, prior to the interview, a sworn financial statement in a form supplied by the commission.

(4) Notwithstanding the above, the commission may employ a two-step application procedure in which a candidate's initial submission consists of a short-form questionnaire, including a resume, a statement setting forth the candidate’s qualifications and interest in seeking nomination and any other materials the candidate wishes to include. Each commissioner will be furnished with a copy of each initial submission received, together with any further background information that may be pertinent, and the chairperson will request each commissioner to provide prompt advice as to the names of those candidates that the commissioner believes merit an interview as part of the final nomination process. The chairperson's request will indicate the date by which the commissioners should submit such names. If two or more commissioners determine that a candidate merits an interview by the full commission, that candidate will be asked to submit a full questionnaire, unless the commission determines otherwise. Screening of the candidate would then proceed as set forth above. The commission presumably will employ this two-step application procedure for all vacancies; however, circumstances may arise, such as the timing of the vacancy and deadlines for completion of the process, that will make use of the two-step process impracticable.

(c) Interview and nomination procedures.

(1) If the nominations are for the office of Chief Judge, the number of candidates to be nominated will be seven pursuant to section 63(2)(a) of the Judiciary Law. If the nominations are for the office of Associate Judge, the number of candidates to be nominated will be the maximum number specified by section 63(2)(b) or (c) of the Judiciary Law, unless fewer candidates receive the affirmative vote of at least eight commissioners.

(2) The interview will be conducted by a quorum of the commission, meeting in person, at a time and place convenient to both the candidate and commission. The interview will be confidential as required by section 66 of the Judiciary Law. At the interview, the candidate will be invited to make an opening statement, and thereafter, the commissioners and counsel may ask questions bearing on the candidate's qualifications for the position of Chief Judge or Associate Judge of the Court of Appeals, as the case may be.

(3) Following completion of all interviews, the commission will meet and discuss the relative merits of the remaining candidates and attempt to reach the concurrence of eight or more commissioners that a particular candidate or candidates should be nominated. In the event that the concurrence of eight or more commissioners is not reached as to all nominations, the balloting procedure described in section 7100.12 (Appendix I) of this Part will commence.

(4) The objectives of the nomination and voting procedures are:

(i) to ensure that the commission thoroughly considers and evaluates each candidate;

(ii) to ensure that the commission is impartial in its deliberations;

(iii) to promote consensus in the selection of nominees; and

(iv) to ensure that each nominee receives at least eight affirmative votes from the commissioners, as required by section 63(3) of the Judiciary Law.

(5) All votes taken with respect to nominations will be by secret ballot.

(6) Pursuant to section 65(4) of the Judiciary Law, upon the completion by the commission of its consideration and evaluation of the qualifications of a candidate, there will be no reconsideration of that candidate for the vacancy for which the candidate was considered, except with the concurrence of nine commissioners. For this purpose, the commission will not be considered to have completed its consideration and evaluation of the qualifications of a candidate until the conclusion of the meeting at which the candidate was nominated or eliminated for the particular vacancy.

(d) Consideration of the qualifications of a candidate.

In considering and evaluating each candidate’s qualifications for the Court of Appeals, the commission will consider criteria and standards including character, temperament, professional aptitude and experience. Commissioners and commission staff will not discriminate against any candidate on the basis of any legally impermissible factor.

(e) Commitment to diversity.

The commission is committed to considering nominees for the Court of Appeals with outstanding personal and professional qualifications who reflect the diversity of New York's citizenry including, but not limited to, diversity in race, ethnicity, gender, religion, sexual orientation, community service, nature of legal practice or professional background and geography. A diverse Judiciary ensures that a broad array of perspectives and experiences are brought to the bench; reinforces public trust and confidence in the fairness of the justice system and the administration of justice; and ultimately enhances the delivery of justice and the Judiciary’s credibility and moral authority.