Whether New York State's method for electing judges is unconstitutional because it deprives insurgent candidates and their supporters of a meaningful opportunity to participate in the electoral process. DECIDED
The New York State Constitution provides for the election of most trial judges. The electoral process that now exists in New York, however, makes it virtually impossible for judicial candidates to get on the ballot unless they are supported by one of the major political parties. The ACLU submitted an amicus brief agreeing with the courts below that the current electoral system is unconstitutional.