The Empire State is searching for its next top judicial officer with a want-ad seeking lawyerly New Yorkers — especially those with no outstanding ethics problems.
A state panel charged with choosing the replacement for outgoing Chief Judge Janet DiFiore, who announced her resignation weeks ago, has post a help-wanted ad with an Aug. 29 application deadline.
Getting a six-figure state job that could determine the ideological fate of the state’s judiciary is no cakewalk considering the grilling awaiting applicants.
“Please describe in a short essay (500 words or less) attached hereto what you believe your qualifications are for the position of Chief Judge of the Court of Appeals and the State of New York,” reads a questionnaire to be completed under penalty of perjury.
Applicants must also provide a resume, references and answers to dozens more questions to the Commission on Judicial Nominations, which screens applicants for Gov. Kathy Hochul to potentially name for eventual state Senate approval.
“Appointees as well as candidates for appointment may be subject to scrutiny by the public and the media. Accordingly, please set forth any disclosures that you believe should be considered by the Commission,” reads one question.
State law gave the commission 120 days to begin get names to Hochul after the Court of Appeals provided formal notice on Thursday of DiFiore’s upcoming departure, effective at the end of August.
DiFiore announced her impending resignation on July 10 amid an ongoing ethics probe focused on whether she had improperly interfered in a disciplinarily hearing involving the president of the state’s court officers association.
Ex-Gov. Andrew Cuomo, who resigned amid multiple scandals last year, nominated the former Westchester County DA as chief judge in late 2015, with the state Senate confirming her nomination in January 2016.
While the commission has leaned on online job postings in the past, her sudden retirement – which came after she served just six out of a 14-year term — left the commission scrambling to get the selection process ASAP.
The big boss — Hochul — has said she’s not going to weigh in on a pick while the commission does its thing.
“I am going to find someone who is a thoughtful individual. Someone who is well regarded in the legal community. And again, that process is just getting underway. I will not be engaged until much further down the road. The Judicial Commission will be soliciting applications,” Hochul said earlier this month.
The only hard requirements for the prestigious position are that applicants live in New York and have practiced law for a decade, according to a spokesman for the commission.
That could leave the door open for any qualifying New Yorker who can endure lengthy probing by the commission.
The fact-finding process for the commission includes asking applicants for details about their education, experience and personal background – along with any information that has the potential to help scuttle their nomination.
To your knowledge, has any complaint or charge ever been made against you in connection with your service in a judicial office? Your response should include any question raised or inquiry conducted of any kind by any agency or official of the judicial system.
A question like that could prove tricky for potential applicants like Court of Appeals Associate Judge Jenny Rivera, who recently announced she would get vaccinated for COVID-19 after being banned from state courtrooms for failing to do so.
Her vaccination status earned her the distinction as one of four judges referred to the state Commission on Judicial Conduct, according to the Associated Press.
Anyone who makes it past the initial screening process will have to fill out a more detailed questionnaire and undergo a criminal background check before they will be interviewed by the commission, according to a spokesman.
And don’t think you can get away without signing an attached waiver allowing the commission to follow the facts wherever they lead with other government agencies before the open audition call ends on Aug. 29.
“I hereby voluntarily waive any potential protections and privileges that may be afforded by any Federal, State, or local law, rule, or regulation with respect to any information that concerns me and may affect my candidacy for the Court of Appeals,” concludes the chief judge application.
