@JoeNierman
JOHN JAY COMMITTEE
POSITION PAPER #1
Judicial Selection Integrity in New York State
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I. Title
Structural Control of Judicial Selection in New York:
A Constitutional Analysis of the Judicial Nominating Convention System
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II. Executive Summary
This paper advances the following core conclusion:
New York’s judicial nominating convention system concentrates effective control over judicial selection in party-controlled delegate processes, thereby limiting meaningful electoral participation and raising constitutional concerns under modern First Amendment, Equal Protection, and ballot access jurisprudence.
While upheld facially in New York State Board of Elections v. Lopez Torres, the system’s real-world operation reveals a structural gatekeeping mechanism that warrants renewed scrutiny.
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III. Background: The Current System
A. Selection Process
• Supreme Court Justice candidates are not chosen via direct primary
• Instead:
1. Voters elect judicial convention delegates
2. Delegates attend judicial nominating conventions
3. Conventions select party nominees
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B. Practical Reality
In practice, delegate elections are often:
• Low ...