By MATT CHANDLER
Buffalo Law Journal

The lack of diversity on the list of seven possible replacements for New York Chief Judge Hon. Judith Kaye forwarded to Gov. David Paterson by the State of New York Commission on Judicial Nomination has left some, including the governor, questioning the nomination process.

Monday, the commission recommended seven men, six of whom are Caucasian, as possible candidates for chief judge. Among them was Grand Island resident Hon. Eugene Pigott Jr. of the state Court of Appeals.

Paterson held a press conference Wednesday to decry the lack of diversity represented on the list. Although he is required by law to choose Kaye's successor from that group of seven, Paterson asked Attorney General Andrew Cuomo to explore options for either expanding the list or overhauling the nomination process itself.

"Since we have a process that has gone away from its original purpose, I think that the process has to be called into question," Paterson said.

He called it "very unfortunate" that there was not a woman among the nominees to replace Kaye, who is stepping down on Dec. 31, having reached the mandatory retirement age of 70.

"We have groups of people, like women, who systematically in our state have not been given the opportunity to serve in these capacities," he said.

John O'Mara, chairman of the nominating commission, issued a statement disputing the governor's claims.

"The commission has recommended numerous women for nomination to the court," he said, "including recommending ... Kaye for nomination three times, once as associate judge and twice as chief judge."

O'Mara went on to say that since 2003, a majority of judges on the New York Court of Appeals, who are nominated by the commission, have been women. Still, for some, that isn't enough.

Gail Boggio, president of the Women's Bar Association of the State of New York, issued a letter supporting Paterson's position, saying that the current crop of nominees "does not reflect the great range of qualified individuals within the legal profession, or the diversity of society as a whole."

Reached for comment regarding O'Mara's contention that his commission has a history of selecting many women during the nomination process, Boggio said each list needs to be considered individually and that past history doesn't make the current list of nominees acceptable.

"If the reason why there were no women on this list is because the pool from which (the commissioners) could choose was not extensive enough, then I tend to say that maybe the system has to be changed," Boggio said.

Because the selection process is confidential, she said it would be difficult for her to comment on all of the qualified women who might have been among the applicants for the post, though she did offer up a few names of candidates not included on the commission's list who she sees as fit to lead the court.

"Judge (Carmen Beauchamp) Ciparick, who has been on the Court of Appeals for 15 years, most certainly has the qualifications, and Judge Fern Fisher, who is an administrative judge (with the New York City Civil Court), they got to those positions because they were qualified," she said.

Paterson has until Jan. 15 to make his choice to fill Kaye's seat on the bench.