People v. Dooley, 171 N.Y. 74 (1902)

The New York State Constitution mandates that the selection of local judicial officers in cities, whose election or appointment is not otherwise provided for, must be exclusively either by election by the city’s electors or by appointment by local authorities, precluding a hybrid approach where both methods are used concurrently within the same jurisdiction.

Summary

In People v. Dooley, the New York Court of Appeals addressed the constitutionality of selecting judicial officers. The court held that Article VI, Section 17 of the New York Constitution mandates a clear choice between election by city electors and appointment by local authorities for selecting judicial officers in cities. The legislature cannot combine both methods within the same territorial division. The court reasoned that allowing both appointment and election would open the door to political manipulation and undermine the intent of the Constitution. This decision ensures a uniform method of selection for judicial officers within a given jurisdiction, preserving the integrity of the judicial selection process.

Facts

The specifics of Dooley’s case are not detailed in Crane, J.’s dissent, but the key factual element is the existence of a law or practice that seemingly allowed for both election and appointment of judicial officers within the same city.

Procedural History

The procedural history isn’t detailed within this specific dissenting opinion. However, it is clear the case reached the New York Court of Appeals, which rendered a decision on the matter.

Issue(s)

Whether the New York State Constitution permits the legislature to authorize both the election and appointment of judicial officers of the same grade, performing the same duties, in the same local division of a city.

Holding

No, because the New York Constitution mandates that judicial officers in cities be chosen either by election or appointment, but not both concurrently within the same territorial or civil division.

Court’s Reasoning

The Court of Appeals, as explained in Crane J.’s dissent in a later case, interpreted Article VI, Section 17 of the New York Constitution, which states that judicial officers in cities must be either elected by the city’s electors or appointed by local authorities. The court emphasized that this provision presents two distinct alternatives, and the legislature must choose one or the other. The court reasoned that allowing both methods simultaneously would create opportunities for political manipulation and undermine the integrity of the judicial selection process. As the court stated, “If the office is to be filled by appointment, the agency by which that is to be accomplished is broadly, yet clearly designated. If the officer is to be elected, the power of appointment is as plainly excluded.” The dissent in the later case argues that a law allowing temporary appointed justices, when elected justices are disabled, violates the principle established in Dooley.