Court Upholds NY Judicial Nominee System

Lawyer Blogs

[##_1L|1122958543.jpg|width="120" height="93" alt=""|_##]A U.S. Supreme Court ruling that upholds New York's system of choosing trial judges is likely to renew calls for legislative reform, but even some proponents of change say their chances of success are slim. That's because the current system gives tremendous power to local party leaders, who select judicial candidates and often hold sway over state lawmakers.

"Party chairmen like the system, for obvious reasons, and people who run for the legislature are usually in a position where it's difficult to vote for something like this because their party leaders are opposed to it," state Sen. John DeFrancisco said after Wednesday's ruling. DeFrancisco, a Republican, chairs the Senate Judiciary Committee.

In New York, primary voters elect convention delegates who choose candidates for the judgeships. Once nominated, the candidates run on the general election ballot, frequently without opposition.

Unsuccessful candidates for judgeships and a watchdog group won a lawsuit challenging the system, and the 2nd U.S. Circuit Court of Appeals agreed that it is very difficult for candidates to get on the ballot if they don't have the support of party leaders.

The rulings said candidates who are not the choice of party leaders are excluded from elections by an onerous process that violates their First Amendment rights.

The Supreme Court unanimously reversed the lower courts, saying there is nothing unconstitutional about the process. The high court said the state legislature is free to change the system if it wishes.

Former New York Mayor Ed Koch — who was among a diverse group of politicians and legal groups asking the court to uphold the lower court rulings — called the decision a "dreadful mistake."

"The county leaders will now continue to basically assure the appointment to the (state) Supreme Court of their candidates," Koch said.

The state legislature adopted the current system 86 years ago. Lawmakers scrapped direct primaries for New York's Supreme Court justices because they didn't want them to be corrupted by raising campaign money. Other judges in New York are elected through primaries.

Related listings

  • Court limits investor suits against 3rd parties

    Court limits investor suits against 3rd parties

    Lawyer Blogs 01/16/2008

    In a case born of the accounting scandals that rocked the nation in the first half of the decade the Supreme Court Tuesday limited the ability of defrauded investors to sue accountants, bankers and lawyers who may have helped a company commit the fra...

  • MySpace agrees to social-networking safety plan

    MySpace agrees to social-networking safety plan

    Lawyer Blogs 01/15/2008

    MySpace, the country’s largest social-networking Web site, has agreed with attorneys general of 49 states to take new steps to protect children from sexual predators on its site. It also agreed to lead a nationwide effort to develop technology to ver...

  • High Court Declines Experimental Drugs Case

    High Court Declines Experimental Drugs Case

    Lawyer Blogs 01/14/2008

    [##_1L|1093514793.jpg|width="104" height="138" alt=""|_##]The Supreme Court refused Monday to review a ruling that terminally ill patients have no constitutional right to be treated with experimental drugs — even if that means the patient will likely...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read