September 20, 2006

As a member of the Legislature your ability to enact laws affecting the judicial branch of government is significant. This survey asks your position on issues and legislation affecting your constituents and the court system. The Committee for Modern Courts does not endorse candidates, but will publish your responses for voters' review.

This survey focuses on one issue of particular relevance for the upcoming legislative session - judicial selection.

The majority of New York State trial judges are elected. Some run in primaries and are elected in general elections. Supreme Court Justice candidates were nominated at a political party nominating convention and then ran in a general election - now all that must change.

On August 30, 2006, in Lopez Torres v. New York State Board of Elections , the United States Court of Appeals for the Second Circuit unanimously upheld the District Court's ruling that New York's judicial nominating convention system of selecting Supreme Court justices is unconstitutional because it "violated the rights of voters and the rights of candidates who lack the backing of local party leaders." The Second Circuit also affirmed the lower courts ruling that ordered Supreme Court nominations shall be made by primary election until the New York legislature enacts another method of selecting Supreme Court justices.

In a report issued by the Commission to Promote Public Confidence in Judicial Elections ("Feerick Commission"), a survey of New York State voters conducted by the Marist Institute for Public Opinion, found that "registered voters feel that the most important responsibilities of New York judges are making impartial decisions, protecting individuals' rights, and providing equal justice for rich and poor ." Public opinion on the influence of campaign contributions in judicial elections was found to be a source of great concern for voters, with forty seven (47%) percent of registered voters believing campaign contributions had some influence, and eighty seven (87%) percent thinking that judges should not be allowed to hear cases when their campaigns contributors are involved."

New York may no longer use judicial nominating conventions for Supreme Court Justice candidates. Echoing the District Court's finding that "[t]he choice of a permanent remedy for this constitutional violation does not fall to me, but rather to the legislature of New York State," the Second Circuit reiterated that it is the Legislature which has authority to enact a new nominating scheme. The unanimous appeals Court further stated , "...the Legislature has pledged to 'move as expeditiously as necessary to devise a working solution.' We take it at its word."

Please answer the attached questions and comment as necessary. We thank you for taking the time to answer the questions. The deadline for your response is October 12, 2006. Please return by facsimile or mail.