No Women on NY High Court’s Nominee List

Of the seven judges on a New York chief judge short list passed to the governor by the State Commission on Judicial Nomination, not one is a woman.

And that has Gov. David A. Paterson and Attorney General Andrew M. Cuomo a little peeved. Both issued statements Wednesday saying they are exploring their legal options, but there appears little either of them can do, according to the New York Times City Room blog.

New York law requires the governor to pick from the list. The next chief judge will replace Judith S. Kaye, 70, who is set to retire at the end of the year after having reached mandatory retirement. She was the court's first woman judge and has been chief since 1993.

"All we’re saying is it seems highly unusual that in a class of seven individuals considered to be capable of supervising the Court of Appeals, that not one of them would be a woman—not one," Paterson is quoted as saying. "I think it’s very unfortunate."

One potential loophole is that the commission is required by law not only to give the governor names, but file a report that evaluates judicial temperament, among other criteria. Paterson reportedly was only given the list of names.

New York has had an appointive system for its highest court since 1977.