It’s finally happened.  Chief Judge Judy Kaye has announced her retirement after 15 years as the gal in the middle of the Court of Appeals, according to the New York Sun.  Unlike her predecessor, Sol Wachtler,  whose “retirement” was a bit more abrupt (thought he was a spectacular Chief Judge), the Governor can leisurely consider the available candidates this time around.

Appointments to the state’s top court, the Court of Appeals, are ultimately made by the governor, who is limited to choosing from seven candidates put forward by a state commission. To be considered by the commission, a candidate must apply.

With a current salary of $156,000, the job of presiding over the state judiciary would bring a drastic pay cut for many would-be applicants who are partners at major law firms. But a raise may be forthcoming, after a state judge last week ordered the Legislature to up judicial pay.

Of course, the wage issue doesn’t arise with many potential candidates, who can’t afford to leave their first year associates job at Biglaw and take such a massive pay cut.  So who are the “leading candidates” for the big chair?

Many of those who have applied for past Court of Appeals vacancies are already judges of the lower courts. Repeat candidates include Judge James Yates, who, in the span of a month earlier this year, both accepted and subsequently turned down the job of counsel to the governor, as well as Judge Richard Andrias, who sits on a mid-level appellate court in Manhattan. 

Another likely candidate, courthouse sources say, is Judge Jonathan Lippman, who previously served as Chief Judge Kaye’s top administrator.

I’ve posted about both Justice Yates and Justice Lippman before.  Justice Andrias, now sitting on the Appellate Division, First Department, has been on the short list for a while, notably during the Pataki administration where he and the guv were old college roomies. 

Justice Rick Andrias is another good guy, who showed serious concern with constitutional rights when he was a trial judge in Manhattan.  He’s become a bit more conservative on the appellate bench, but hopefully would steer a clear course should he wind up in Albany.

Applications are due by September 8, and don’t be put off by these other judges being the “leading candidates.”  When it comes to the Court of Appeals, you never know who is going to get the nod.