Watchdogs Release 21st Century Reform Agenda for How NYC Mayor Chooses Judges

NEW YORK — A new report from judicial watchdog Scrutinize and Reinvent Albany, Building a 21st Century Judiciary: A Reform Agenda for New York City, calls on the incoming mayor to make the City’s little-noticed process to appoint judges modern and transparent. 

About one third of the judges presiding in New York City are chosen outside of public view. These roughly 180 judges are appointed by the mayor after being screened by the Mayor’s Advisory Committee on the Judiciary (MACJ). Unfortunately, because MACJ releases nothing about the size of its applicant pools, the makeup of those pools, or the basis for its recommendations, the public cannot tell whether MACJ is advancing candidates for their ability or for their connections. 

This matters because these judges make life-defining decisions in New York City’s Criminal, Family, and Civil courts. When the public cannot tell why their judges were picked, trust in the courts and the rule of law erodes.

Key Findings

• The new mayor can immediately modernize the judicial appointment system. MACJ exists by executive order, meaning the mayor can reform it on day one.
  
• The stakes are high. Roughly 180 judges, about one third of the city’s bench, are appointed directly by the mayor to serve in the Criminal, Family, and Civil Courts.
  
• The existing system offers little transparency. The Committee does not publish its evaluation criteria, judicial vacancies, the names of judges seeking reappointment, the term end dates for appointed judges, or information about its deliberations and decision-making. 

Key Recommendations for the Next Mayor

• Broaden the power to nominate MACJ members to include the Public Advocate, the City Council Speaker, and the Comptroller;
• Diversify MACJ membership so it reflects the legal fields and the populations the courts serve;
• Ensure process transparency, including a public, searchable appointments and tenure tracker;
• Make reappointments competitive by measuring incumbents against the applicant pool;
• Create enforceable conflict of interest and conduct rules.

Quotes

Oded Oren, Founder and Executive Director, Scrutinize: “The next mayor can do what no administration has done in fifty years: build a modern system that is transparent and accountable, increases diversity, and centers merit over informal influence.”

Rachael Fauss, Senior Policy Advisor, Reinvent Albany: “Judicial appointments don’t have to be a black box. New Yorkers deserve much more information about how people get selected to be judges. Our recommendations will help give New Yorkers confidence that the best candidates – not the most politically connected – become judges. The new appointments and tenure tracker will allow the public to see what seats need to be filled, and who is serving in the City’s courts.”

Click here to view the report on Scrutinize’s website. 

Click here or below to view the report as a PDF.