In 1978, shortly after taking office, former Mayor Ed Koch introduced a significant reform by issuing an executive order that established the Mayor’s Advisory Committee on the Judiciary. This body, composed of esteemed legal professionals, was tasked with setting the standard for recommending judicial appointments to New York City’s Criminal, Family, and Civil Courts, effectively curbing the historical trend of selecting judges based on political or personal connections.
For nearly five decades, this structured approach has been respected by Mayors such as David Dinkins, Mike Bloomberg, and Bill de Blasio. Their adherence to this process not only required approval from the mayoral committee but also necessitated the endorsement of the venerable, 142-year-old non-partisan City Bar Association.
This dual-layered method for judicial appointments represents a benchmark of excellence, endorsed by advocacy groups like the Citizens Union and The Fund for Modern Courts. It serves as a crucial safeguard against political influence, ensuring that candidates are independently evaluated. It emphasizes the need for judges to embody key attributes such as integrity, legal acumen, experience, impartiality, and a balanced temperament.
As election day approaches, New Yorkers need assurance that their future mayor will prioritize appointing individuals with the highest qualifications for judicial roles. We call on candidates Zohran Mamdani, Andrew Cuomo, and Curtis Sliwa to commit publicly to upholding the standards set by the 1978 executive order. This commitment includes establishing an independent mayor’s committee on the judiciary and ensuring that appointed judges receive approval from both the mayor’s committee and the City Bar.
Despite the long-standing nature of this reform, exceptions have occurred where the process was not fully honored. In late 2024, Mayor Adams notably removed the City Bar from the approval process after it had backed 57 of his judicial appointments over the previous three years.
Beginning in January 2025, Adams has proceeded to appoint 17 judges to the Criminal, Civil, and Family Courts based solely on his committee’s recommendations, bypassing the City Bar entirely. He justified this change by citing redundant background checks, lengthy deliberations, bureaucratic hurdles, and confidentiality issues as reasons for streamlining the process.
Adams was not the first mayor to circumvent the established process. In 1995, former Mayor Rudy Giuliani rejected the recommendations of his own independent committee and refused to reappoint two sitting judges. Consequently, Adams’ and Giuliani’s reversals of past practice removed a vital check and balance, opening the door for non-meritorious or politically motivated appointments.
In our opinion, especially in the waning days of Adams’ administration, Adams must reinstate the City Bar’s mandatory oversight role, which protects against potential midnight-tainted judicial appointments.
Mayors are accountable for their appointments. It is a mayor’s sacred duty to appoint highly qualified judges having integrity and the courage of their convictions when rendering decisions — based on the facts and the law — even when those decisions conflict with the appointing mayor’s governmental or personal political agendas.
Bloomberg said, “For much of the city’s history, appointments had been made based on political considerations, not merit . . . Mayor Koch changed that — by instituting a rigorous screening process in partnership with the New York City Bar Association.”
De Blasio maintained, “the apolitical process was preferred and must be followed. The seasoned, committed, and impartial judges appointed today are what New Yorkers deserve . . . new and reappointed judges, having diverse experience, both personally and professionally, representing the best interest of all who call this great city home.”
In 1995, Koch and Dinkins stated, “We could not endorse anyone, Democrat or Republican, for mayor who decided in any way returning politics to the judicial selection process.”
We are in perilous times. Our judicial system is under intense scrutiny, and the rule of law is constantly challenged. There is no doubt that we must have a rigorous and non-partisan judicial appointment process, resulting in a strong and, most importantly, an independent judiciary. This apolitical process is a safeguard against inequity, governmental abuse, and overreach. Of paramount importance is a mandatory non-partisan judicial appointment process that ensures justice for all litigants entering our court system.
Kovner was Mayor Dinkins’ corporation counsel, former chair of The Fund for Modern Courts, former member of two mayors’ judiciary committees. Kriss was a past member of the City Bar’s Judiciary Committee and Mayor Koch’s administration’s NYPD deputy commissioner-trials. Berger was Mayor de Blasio’s special counsel and advisor.
