David J. Papier


judges, election, politics, retention election, incumbent


This Note proposes legislation that would cure many deficiencies in the present system of judicial tenure in New York. First, the Note examines the present retention system for trial court judges in New York State in light of the strict standards of judicial ethics the CJC imposes on sitting judges. Part II analyzes several problems in the current reelection process, focusing on the complex predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system.' Finally, the Note recommends that the New York State Legislature amend the state constitution and implement a method of retention that would allow a sitting judge to remain in office with the approval of the voters without being subject to a primary or general election.

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