Mayor Michael Bloomberg appointed Juan Merchan to the New York City Family Court in 2006, giving him his first judgeship. Three years later, Governor David Paterson appointed him to the New York Court of Claims, and Chief Administrative Judge Ann T. Pfau designated him an Acting Justice of the New York State Supreme Court in Manhattan. That acting designation is the role under which he presides over felony criminal trials today, including the 2024 prosecution of Donald J. Trump.
The 2006 Family Court Appointment
Bloomberg named Merchan to a Family Court judgeship in the Bronx in 2006. Under the New York Family Court Act, the mayor of New York City appoints Family Court judges in any of the five boroughs to ten-year terms.1New York State Senate. New York Family Court Act 123 – Appointment by Mayor
The mayor does not pick names in a vacuum. Candidates are first screened by the Mayor’s Advisory Committee on the Judiciary, which recruits and evaluates potential judges on character, legal training, experience, and temperament, then forwards a short list for each vacancy.2NYC Mayor’s Office. Executive Order 06 – Mayor’s Advisory Committee on the Judiciary The mayor chooses from that list.
Merchan’s résumé fit the profile. He had started as a prosecutor in the Manhattan District Attorney’s Office in 1994, then moved to the New York State Attorney General’s Office, where he served as an assistant attorney general in charge for the Nassau County and Suffolk County regions on Long Island from the late 1990s until he left for the bench in 2006.
The 2009 Elevation: Court of Claims and Acting Supreme Court
Three years into his Family Court term, Merchan’s portfolio changed significantly. Governor David Paterson appointed him to the New York Court of Claims, a statewide court that hears lawsuits brought against the state. Court of Claims judges are appointed by the governor, confirmed by the State Senate, and serve nine-year terms.
That same year, Chief Administrative Judge Ann T. Pfau designated Merchan an Acting Justice of the Supreme Court in Manhattan. The designation power comes from Article VI, Section 26 of the New York State Constitution, which authorizes the chief administrator of the courts to temporarily assign judges from lower courts to the Supreme Court when caseload demands it.3Justia. New York Constitution Article VI Section 26 – Temporary Assignments of Judges and Justices In Manhattan’s First Judicial District, where the criminal docket is heavy, these designations are routine. The move shifted Merchan’s daily work from family-law petitions to felony trials.
What an Acting Justice Can Do
New York’s Supreme Court is the state’s general trial court, and its full justices reach the bench through nomination at judicial district conventions and election by voters in that district. Acting justices skip that election. The Office of Court Administration elevates them from lower courts to fill gaps in Supreme Court capacity.
The difference is in how the judge got there, not what the judge can do. An acting justice handles the same cases, conducts jury trials, rules on motions, and imposes sentences just like an elected justice. The “acting” label reflects the administrative mechanism of the assignment. Merchan’s permanent appointment remains rooted in his Family Court seat, but his day-to-day work for well over a decade has been felony criminal trials in Manhattan Supreme Court, including the tax-fraud trial of Trump Organization CFO Allen Weisselberg in 2022 and the People of the State of New York v. Donald J. Trump case that resulted in a 34-count felony conviction in May 2024.