New York, NY - The Committee for Modern Courts released its NYS Legislative Survey Report today. The Survey was mailed on September 15 th to all 380 candidates seeking election to the New York State Legislature this November 2006. The survey contained 8 questions and focused on the issue of judicial selection. Modern Courts received 95 responses from those candidates (25% of the total); 33 of the 111 Senatorial candidates and 62 of the 269 Assembly candidates.

The survey focused on judicial selection in New York in the wake of the holding by the federal courts, in Lopez Torres v. New York State Board of Elections , that our present system of selecting nominees for the State Supreme Court is unconstitutional because it "violated the rights of voters and the rights of candidates who lack the backing of local party leaders."  

Modern Courts wanted to know what the candidates would do as legislators to remedy the problem and received many thoughtful and well informed answers. For example, of those who responded:

• 100% of the Senate candidates, Republican and Democratic, incumbent and challengers, and 95% of the Assembly candidates - supported the creation of independent judicial qualification commissions that would evaluate candidates for State Supreme Court and report its findings directly to the voters or judicial delegates;

• 64% of the responding Assembly candidates and 49% per cent of the Senate candidates supported an appointive system in which a nonpartisan judicial qualification commission would recommend well-qualified candidates for appointment;

• all, but one respondent, agreed to support a legislative effort to make changes in the way we select Supreme Court justices, and to hold public hearings to determine how best to amend our laws governing the selection of Supreme Court judicial candidates.

Victor A. Kovner, Chair of Modern Courts, said "Legislative surveys can be useful tools for voters to evaluate how candidates view important issues for the upcoming legislative session. It is troubling that only 26% of the incumbents responded, but nearly all who did respond support the creation of independent judicial qualification commissions to evaluate candidates for State Supreme Court and report the findings directly to the voters or judicial delegates."

Modern Courts commends those who have responded and has posted their responses on Modern Courts' website
(www.moderncourts.org ).

Founded in 1955, the Fund for Modern Courts is a nonpartisan, nonprofit, statewide organization dedicated to improving the courts in New York State through advocacy, public education and in-court programming. The Committee for Modern Courts is the lobbying and advocacy affiliate of the Fund for Modern Courts. The Committee for Modern Courts does not endorse candidates for political office. Late responses were not included in the totals but may be viewed at www.moderncourts.org

Read the Report