City Bar Issues Evaluations of Candidates for Associate Judge of the New York Court of Appeals

The New York City Bar Association has announced its ratings of candidates recommended by the New York State Commission on Judicial Nomination for appointment as Associate Judge of the New York Court of Appeals. The term of Judge Carmen Beauchamp Ciparick will expire on December 31, 2012.

The evaluations of the seven candidates nominated by the Commission are:

•    Sheila Abdus-Salaam – Exceptionally Well Qualified

•    Rolando Acosta – Exceptionally Well Qualified

•    Kathy Chin – Well Qualified

•    Eugene Fahey – Well Qualified

•    Jenny Rivera – Well Qualified

•    Margarita Rosa – Well Qualified

•    David Schulz – Well Qualified

The Association’s Executive Committee extensively reviewed the background and qualifications of the candidates. Representatives of the Association’s Executive, Judiciary and State Courts of Superior Jurisdiction Committees interviewed each candidate and for all candidates, reviewed their writings, investigated their background, and interviewed judges and lawyers familiar with the candidates. The full Executive Committee then considered whether to rate each candidate “well qualified,” “not well qualified” or “exceptionally well qualified” after considering the candidate’s intellectual ability, knowledge of the law, integrity, impartiality, judicial demeanor and temperament.

This three-tiered rating was adopted by the Executive Committee in May 2007. The criteria for each rating are as follows:

“Well Qualified”: Consistent with the term “well qualified” as it is set forth in describing the Commission’s mandate in Judiciary LawSection 63(1) and in Article 6, Section 2 of the Constitution:candidates “who by their character, temperament, professional aptitude and experience are well qualified to hold such judicial office.”

“Not Well Qualified”: Candidates who may be competent lawyers or judges but, in the judgment of the Executive Committee,  do not meet the requisite standard for “Well Qualified” in one or more of the constitutional and statutory criteria of “character, temperament, professional aptitude and experience.”

“Exceptionally Well Qualified”: Candidates who are exceptional to the degree that they are superior to others who are “well qualified.” This rating should be given as an exception and not the norm.


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