NEW YORK — Judicial transparency group Scrutinize announced Monday a new report written in collaboration with government accountability organization Reinvent Albany, calling on the city’s new mayor to overhaul what they describe as a “little-noticed” but consequential judicial appointment system. The report, Building a 21st Century Judiciary: A Reform Agenda for New York City, urges swift modernization of the process.
The report highlights key issues within the current appointment structure and offers solutions and a plan of action for the incoming administration. The primary concern centers on the high volume of judges appointed through the Mayor’s Advisory Committee on the Judiciary (MACJ).
The MACJ screens judges before they are appointed by the mayor. However, the report states that this vetting process is conducted “outside of public view,” leaving the general public unaware of how candidates are evaluated. This includes recruitment details such as applicant pools, pool makeups, basis of recommendation, evaluation criteria, judicial vacancies, term end dates, and internal deliberations.
Scrutinize argues this lack of transparency matters because of the “life-defining” decisions judges make. Without access to recruitment and evaluation information, the public remains uncertain whether judges are selected “for their ability or for their connections.” The report warns that without transparency, public trust in the legal and judicial system will continue to erode.
“Judicial appointments don’t have to be a black box,” said Rachael Fauss, senior policy advisor at Reinvent Albany. “New Yorkers deserve much more information about how people get selected to be judges.”
The report notes the “stakes are high,” as roughly one-third of New York City judges are appointed through the MACJ, accounting for about 180 criminal, family and civil court judges.
The groups emphasize that reform is achievable, especially because the MACJ operates solely by executive order. As a result, they argue the new mayor could implement changes “on day one.”
“The next mayor can do what no administration has done in fifty years,” said Oded Oren, founder and executive director of Scrutinize. “Build a modern system that is transparent and accountable.”
Proposed reforms aim to increase transparency between the MACJ and the public by implementing searchable appointment and tenure trackers, creating conflict-of-interest and conduct rules, and tracking incumbent performance against applicant pools.
The report also recommends increasing transparency and accountability within the MACJ itself by expanding nominating power to include the public advocate, city council speaker and the comptroller. It further suggests diversifying MACJ membership to better represent the legal fields and communities served by the courts.
“Our recommendations will help give New Yorkers confidence that the best candidates — not the most politically connected — become judges,” Fauss said.
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