State Commission Seeks Diverse Pool for Upcoming High Court Vacancy

With Associate Judge Jenny Rivera set to retire in February 2027 after a 14-year tenure, the New York State Commission on Judicial Nomination is working to identify a successor for the seven-member Court of Appeals. During a July 13 panel discussion hosted by the New York State Bar Association in Albany, members of the independent commission encouraged a wide array of legal professionals to submit applications.

Commissioners highlighted that they are actively seeking to improve the court’s balance, specifically regarding geographic representation and professional background. While the commission is bound by confidentiality rules regarding specific applicants, members noted that they are mindful of the current court's composition. Commissioner Paul Samuels emphasized that the commission is interested in candidates from diverse sectors, including public defense, civil legal services, and the public interest field.

Recent years have seen discussions regarding the professional makeup of the bench, with some legal advocates noting a trend toward nominees with prosecutorial backgrounds. Samuels suggested that increased participation from the defense bar could improve the likelihood of such representation on the final slate of candidates presented to the governor.

Geographic diversity also remains a focal point for the selection body. Former Associate Judge Leslie Stein, who participated in the panel, noted that the Capital Region currently lacks representation on the court. She suggested that attorneys from the area should consider applying, as the commission considers regional balance a significant factor in its deliberations.

To qualify for a seat on the state’s highest court, an applicant must have been admitted to the New York State Bar for at least 10 years. There is no requirement for prior judicial experience. Former judges on the panel encouraged persistent applicants, sharing that it is not uncommon for successful candidates to have applied multiple times before receiving an appointment. The commission typically assembles a list of seven candidates for the governor to review, a process that remains under close public and legislative scrutiny following high-profile confirmation battles in recent years.