The Fund For Modern Courts

Improving the administration of justice in New York State

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This page explains each judicial selection method, how each has been adapted in New York, and why Modern Courts endorses merit selection. It also outlines Modern Courts’ recent policy statements.

Selection of Judges

Methods of Judicial Selection

There are two primary methods of judicial selection: election and appointment. Most states, including New York, opt for a hybrid of elective and appointive positions.
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Historical Background of Merit Selection

In early statehood, selection of judges conformed to the English tradition of appointment. In 1846, the process moved entirely to an elected judiciary. Today there is a hybrid of elected and appointed judges in the state.
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Judicial Selection in the Courts of New York

This article explains how judges are selected for each court in the New York State court system.
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Why We Support an Appointed System

Merit selection eliminates the role of money and significantly reduces the role of politics in judicial selection while providing for selection of highly-qualified judges by representatives of diverse groups of people.
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