In the Matter of Robert M. Morgenthau, as District Attorney of New York County, and Jack Rosenberg, as Judge of the…

Summary

The New York Court of Appeals held that the Chief Administrator of the Courts lacks authority to make temporary assignments of Civil and Criminal Court judges to the Supreme Court without standards and administrative policies established pursuant to Article VI, §28(c) of the State Constitution. The Court affirmed the Appellate Division's declaration that the rotation plan is void, modifying its effective date to July 1, 1982. A concurring opinion agreed with the result but argued that the Chief Judge and Chief Administrator possessed at least implied authority to make such assignments.