A new report finds that New York’s constitutional cap on the number of state Supreme Court judges is creating problems for the court system — including backlogs and a lack of transparency in judicial promotions.
Because there aren’t enough Supreme Court judges to handle the caseload, administrative judges often appoint “acting” Supreme Court judges from lower courts to fill the gap. But what’s meant to be a temporary solution often turns into a long-term promotion without public oversight.
Rachael Fauss, senior policy analyst with Reinvent Albany, said the process leaves the public in the dark.
“We don’t know if there is a review that takes place of the performance of these judges,” Fauss said. “Are they given this job in perpetuity without the appropriate level of accountability and review?”
The report suggested several reforms, including greater transparency and a reporting system for judicial promotions. It also pointed to the Uncap Justice Act — a proposed constitutional amendment that would remove the limit on Supreme Court judges. The measure passed the state Legislature once in 2024 but failed to advance again this year. If it passes a second time, it would go before voters for approval.
Oded Oren, executive director of Scrutinize, a nonprofit focused on court transparency, said making the process more open shouldn’t be difficult.
“It all turns on the willingness of the court system to become more transparent,” Oren said. “Public trust in the courts is at an all-time low, and this is a way to start rebuilding it.”
While national confidence in the courts has declined, polls show trust in New York’s state courts is improving. Advocates say increasing transparency in how judges are promoted could help that trend continue.
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