The “switcheroo” between Bronx District Attorney Robert Johnson and former Appellate Division Associate Justice Darcel D. Clark no doubt has many people—lawyers included—scratching their heads. Putting aside the political aspects of these events, an explanation is in order.
Running for Judge. The first piece of the puzzle is a statutory provision that governs how New York Supreme Court justices are nominated.1 Unlike almost every other elective office in New York State, there are no primaries for this position. Instead, as has been the law since 1911, the established political parties select their candidates for the November ballot at judicial conventions. A candidate for the Supreme Court also has the option of running in the general election as an “independent” without the support of any party. Given the practical reality that only Democrats or Republicans win in November, however, the independent route is, for all intents and purposes, a dead end.2
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