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
Lawyer Blogs 01/16/2008In 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
Lawyer Blogs 01/15/2008MySpace, 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
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...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.