NYC Bar Association Issues Evaluations of Candidates
For New York Court of Appeals

All Seven Candidates Approved

The New York City Bar announced today that it has found all seven candidates recommended by the New York State Commission on Judicial Nomination to be “approved” as qualified for appointment to the State's highest court, the New York Court of Appeals. Gov. George Pataki has until August 19, 2006, to select one of the candidates to be a judge of the Court of Appeals as a replacement for Judge George Bundy Smith, whose term ends September 24, 2006. The governor's nomination is subject to State Senate confirmation.

The seven candidates nominated by the Commission are:

• Justice Richard T. Andrias, Justice of the Appellate Division, First Department;
• Justice James M. Catterson, Justice of the Appellate Division, First Department;
• Justice Steven W. Fisher, Associate Justice of the Appellate Division, Second Department;
• Justice Thomas E. Mercure, Associate Justice of the Appellate Division, Third Department;
• Justice Eugene F. Pigott, Jr., Presiding Justice of the Appellate Division, Fourth Dept;
• Justice A. Gail Prudenti, Presiding Justice of the Appellate Division, Second Department;
• Justice George Bundy Smith, Associate Judge of the New York State Court of Appeals.

The Association's Executive Committee extensively reviews the background and qualifications of the candidates. Representatives of the Association's Executive, Judiciary and State Courts of Superior Jurisdiction Committees interviewed each candidate, reviewed his or her writings, investigated the candidate's background, and interviewed judges and lawyers familiar with the candidate. The full Executive Committee then considered whether to rate each candidate either "approved" or "not approved" for the position of Associate Judge of the Court of Appeals after considering the candidate's intellectual ability, knowledge of the law, integrity, impartiality, judicial demeanor and temperament.

As we have stated previously, in connection with our evaluation of the most recent nominee for the U.S. Supreme Court, the City Bar Association supports enhancing diversity in the legal profession and on the bench. A diverse bench increases public confidence in the administration of justice, reminds all citizens that equal justice under the law is the cornerstone of our republic, and brings the widest possible range of experience and perspectives to judicial deliberations. Accordingly, we continue to urge the consideration of diversity in the judicial appointment process.

For more information on this release or to arrange for interviews, please contact Matt Kovary, Press Coordinator, at (212) 382-6713, or by e-mail to: mkovary@nycbar.org; or Alan Rothstein, General Counsel, at (212) 382-6623, or: arothstein@nycbar.org.

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