S6061

The New York State Senate passed legislation Wednesday that would allow the Governor to appoint an associate judge from the same nomination list used for chief judge vacancies, a move that drew sharp constitutional criticism from minority senators. Senate Print 6061, sponsored by Sen. Hoylman-Sigal, passed 39-23 on a largely party-line vote. The bill would only take effect when an associate judge is confirmed to become chief judge—an occurrence last seen in 1993. Sen. Palumbo argued the measure violates the state Constitution's exclusive list requirement for judicial appointments, potentially expanding the candidate pool from seven to eleven nominees depending on whether the Governor requests a new list. He also noted the current list contains no Latino or Asian nominees. Sen. Rhoads echoed constitutional concerns, warning the bill would discourage qualified judges from applying if they don't wish to serve as chief judge, thereby limiting the Governor's pool of associate judge candidates. Sponsor Hoylman-Sigal characterized the bill as a gubernatorial program bill that merely expands the Governor's options without compelling her to use the associate judge list. The bill was initially placed on the noncontroversial calendar but debate ensued before passage.