Apply! Commission on Judicial Nomination Encourages Lawyers from Across New York to Seek Court of Appeals Nomination
7.14.2026
In a statewide forum hosted by the New York State Bar Association, members of the Commission on Judicial Nomination made an enthusiastic plea for attorneys from all backgrounds, areas of practice and regions across New York to apply for the upcoming vacancy on the New York State Court of Appeals. The term of Senior Associate Judge Jenny Rivera expires on Feb. 10, 2027, creating a vacancy.
The commission’s process to offer a list of qualified candidates to Gov. Kathy Hochul begins on Aug. 1 with the opening of the application. In addition to Rivera’s seat, the Commission expects to handle three additional vacancies following term expirations in 2029 and 2030.
“There are a lot of different parts of our state. We focus on geography and we really look for the most diverse group of people we can find,” said Commissioner Paul Samuels. “We also encourage people from the non-profit, civil legal service, public interest sectors and district attorney’s offices to apply.”
Geographic Diversity
The issue of geographic diversity came up several times during the forum, noting that Associate Judge Shirley Troutman is the lone representative from Upstate New York on the seven-member bench. Former Court of Appeals Associate Judges Howard Levine and Leslie Stein joined the panel to provide their first-hand experiences. Judge Stein noted that she was the last judge to represent the Capital Region and encouraged the area’s attorneys to apply.
“This is the first time in history without a judge from the Capital District. It might be something that will weigh in on your candidacy,” Stein advised.
Albany County Bar Association President Lorraine Silverman agreed, arguing that lawyers and judges working in the Capital Region bring valuable experience. She also dispelled the myth that candidates must have judicial experience to apply.
“There is no ladder you have to climb first, the highest court is open to you,” she said. “There is no judicial or appellate requirement. You can be a lawyer in public or private practice [for 10 years or more] and apply.”
If You Applied, Try, Try Again
Judge Levine encouraged those who have applied in the past to apply again, noting that it may take several rounds to be selected. Levine was on the candidate list seven times before being nominated by Gov. Mario Cuomo.
“Don’t be discouraged if you don’t make the list the first or second time,” he said. “It’s worth the process and a better process [of appointing judges] than having judges elected to the highest courts.”
Stein applied three times before being chosen and offered several tips to potential candidates.
“Get familiarized with the process and take it seriously. Prepare for the interviews, they are rigorous but cordial. It’s not an adversarial process. Be yourself and tell them the kind of person you are and your work ethic,” Judge Stein said.
She then recounted a conversation with former Chief Judge Jonathan Lippman who encouraged her to apply saying “you can’t win unless you’re in it.” Commissioner Michael Hutton gave stirring remarks as he implored lawyers to put aside their doubts and fears and take the shot.
“Don’t hold back – apply, apply, apply! We can only nominate those people who apply,” he exclaimed. “It’s not just a position for judges. It’s so damn important for our work! It’s not a waste of time – apply!”
Commission Chair Elizabeth Fine agreed, wrapping up the forum with this observation, “Life is too short to hold back.”
You can watch the entire program on the NYSBA YouTube channel.
NYSBA Past President and counsel to the Commission Hank Greenberg outlined the commission’s strict timeline for offering a list of candidates to Gov. Hochul:
- Aug. 1, 2026 – Application opens.
- Aug. 10, 2026- Application closes.
- Late August: Commission meets to choose the candidates to interview.
- Interviewees complete longform questionnaire and background check.
- December: Commission interviews 16-21 candidates.
- Commission deliberates and sends a list of 3 to 7 candidates to Governor Hochul.
- Following list delivery, Governor must wait 15 days but no longer than 30 days to nominate a candidate.
- Candidate goes before the state Senate for confirmation.
