| "There shall
be a Court of Appeals..."  | |
 THE JUDICIARY ARTICLE OF THE 1846 CONSTITUTION INTRODUCED A NUMBER of innovations. Judges were now to be chosen by popular election instead of by gubernatorial appointment, and were to hold office for a term of eight years with no age limitation. Jurisdiction, both at law and in equity, was vested in the Supreme Court. The Court of Appeals, comprised wholly of lawyers, was created in place of the Court for the Trial of Impeachments and Correction of Errors, which had been composed in part of senators,  Heading and Preamble of the 1846 Constitution.
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 Article VI, sections 2 and 3 of the Constitution.
many of them nonlawyers. Admission to practice in all courts was open to every male citizen of good moral character, possessing the requisite learning and ability. Four of the Judges were elected statewide, and formed the core of the Court of Appeals Bench. Four other Judges were designated by the Governor from among the Justices of the Supreme Court, to serve one-year terms as ex-officio Judges of the Court of Appeals. As reported in the June 23, 1847 Albany Argus, the terms of the core Judges of the first Court were determined by lottery. The names of the elected Court of Appeals Judges were written on separate slips of paper, placed in a box, and the slips were drawn by the Secretary of State, Nathaniel S. Benton. The first name drawn - Freeborn G. Jewett - was designated to serve for two years. Greene C. Bronson, Charles H. Ruggles and Addison Gardiner |
 The Historical Society of the Courts of the State of New York | |
