Senate Judiciary Committee Chairman John Sampson pointed out that while three women were among the 12 candidates who applied to the Commission on Judicial Nomination to replace Chief Judge Judith Kaye, none were among the seven names submitted to Gov. David Paterson were all men. Only one of the seven, he added, was a minority.

The Governor cited the same concerns about diversity before nominating Justice Jonathan Lippman, a midlevel Appeals Court Judge and the Former Chief Administrative Judge of the State Court System.

Sampson said he was not challenging Lippman's qualifications, but rather the system itself.

Sampson, a Brooklyn Democrat, said he and other lawmakers will meet with Lippman before the committee holds confirmation hearings he hopes will follow within 30 days.

Sampson noted that 18 percent of New Yorkers are African-American, but only 9 percent of its judges are; 16 percent of its people are Hispanic, but only 4 percent of the judges are. He said 18 percent of the state's law students are Asian, but only 1 percent of its judges are.

There is a problem of public perception that politics came into play in the judge selection process, he said.

Lippman's nomination requires Senate approval.

In separate testimony, attorney Ravi Batra said the system is "badly broken," because the commission approves nominees with a two-thirds majority, which allows just five members five to hold up the process. He suggested requiring only a majority vote in the future, expanding the list of nominees to 12 and making public the names of applicants.