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Caitlin J. Halligan

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Caitlin J. Halligan

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New York Court of Appeals
Tenure

2023 - Present

Term ends

2037

Years in position

2

Compensation

Base salary

$257,500

Education

Bachelor's

Princeton University, 1988

Law

Georgetown Law, 1995

Caitlin J. Halligan is a judge of the New York Court of Appeals. She assumed office on April 19, 2023. Her current term ends on April 19, 2037.

Gov. Kathy Hochul (D) appointed Halligan via hybrid-assisted appointment to replace Rowan Wilson after he was appointed chief judge.[1] To read more about this appointment, click here.

Halligan was a nominee for the United States Court of Appeals for the District of Columbia Circuit. Halligan's nomination was returned to the president on December 17, 2011, but resubmitted again on June 11, 2012. Her nomination was withdrawn on March 22, 2013 by President Barack Obama after it failed to overcome a filibuster on the Senate floor.[2][3]

Biography

Halligan received her undergraduate degree from Princeton in 1988 and her J.D. from Georgetown Law School in 1995.[4]

After graduating from law school, Halligan clerked for Judge Patricia Wald and Justice Stephen Breyer. She worked in the private practice of law until 1999, when she joined the Office of the New York State Attorney General. Two years later, Halligan became First Deputy Solicitor General in the state, then Solicitor General for New York, a position she served in for five years. She went back into private practice until 2010, when she joined the New York County District Attorney's Office.[5]

Awards and associations

  • Pro bono counsel, Board of the Lower Manhattan Development Corporation
  • 2005-Present: Adjunct faculty, Columbia Law School[5]

Appointments

2023

See also: New York Court of Appeals justice vacancy (April 2023)

New York governor Kathy Hochul appointed Caitlin J. Halligan to the New York Court of Appeals. Halligan replaced Judge Rowan Wilson, who ascended to the position of Chief Judge on April 18, 2023. Wilson's replacement was Governor Hochul's (D) third nominee to the seven-member supreme court.

In New York, state court of appeals judges are selected through assisted appointment with a hybrid judicial nominating commission. Judges are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Gov.Kathy Hochul (D) appointed Halligan to replace Rowan Wilson after he was appointed chief judge.[6]

Federal judgeship nomination

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Caitlin J. Halligan
Court: District of Columbia Circuit
Progress
Returned 905 days after nomination.
ApprovedANominated: September 29, 2010
ApprovedAABA Rating: Well Qualified
Questionnaire: Questionnaire
ApprovedAHearing: February 2, 2011
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: February 14, 2013 (March 10, 2011)
DefeatedAConfirmed:
DefeatedAReturned: March 22, 2013

On September 29, 2010, President Obama nominated Halligan to serve on the United States Court of Appeals for the District of Columbia Circuit.[2][7][8][9]

Date Event
September 29, 2010 Nominated to DC Circuit
End of 111th Congress Nomination returned to President
January 5, 2011 Nomination resubmitted to Congress
February 2, 2011 Hearing in Senate Judiciary Committee
December 6, 2011 Filibuster in Senate over confirmation
December 17, 2011 Nomination returned to President
June 11, 2012 Nomination resubmitted to Congress
September 19, 2012 Nomination resubmitted to Congress
January 4, 2013 Nomination resubmitted to Congress
March 22, 2013 Nomination withdrawn

[10][11][12][13]

Withdrawal

On March 22, 2013, President Barack Obama accepted the request from Caitlin Halligan to withdrawal her nomination to the United States Court of Appeals for the District of Columbia Circuit. The withdrawal came on the heels of a major cloture vote for Halligan's nomination which failed to achieve the 60 vote threshold to overcome the filibuster. Obama commented on the withdrawal stating:

I am deeply disappointed that even after nearly two and a half years, a minority of Senators continued to block a simple up-or-down vote on her nomination. This unjustified filibuster obstructed the majority of Senators from expressing their support. I am confident that with Caitlin’s impressive qualifications and reputation, she would have served with distinction.[14][15]

Opposition

Opposition to Halligan's nomination came from Senate Republicans, who considered the nominee too liberal for the District of Columbia Circuit Court. Opponents pointed to her work on lawsuits regarding gun manufacturers and illegal immigrants as evidence. In addition to Halligan's specific nomination, at the time there was significant opposition to filling any of the four vacancies on the D.C. Circuit. This revolved around the disagreement over the necessary number of seats by caseload, in addition to the difficulty of finding politically agreeable members for the court, which hears mostly appeals regarding federal agencies and constitutional challenges.[16]

State supreme court judicial selection in New York

See also: Judicial selection in New York

The seven judges of the New York Court of Appeals are selected through the assisted appointment method. The governor appoints each new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate.[17][18]

Judges serve 14-year terms. To remain on the court, a judge must be renominated by the governor and reconfirmed by the Senate. Judges must retire at the end of the year in which they turn 70 years old; however, retired judges may serve until the end of the year in which they turn 76 years old if they are certified as competent every two years.[17][18]

Qualifications

To serve on this court, a person must be a resident of New York and must have been admitted to practice law in New York for at least 10 years.[17][18]

Chief judge

The chief judge of the court of appeals is selected through the same assisted appointment method as other judges on the court and serves in that role for a full term. The position of chief judge is a specific seat on the court rather than a temporary leadership position.[17][18]

Vacancies

See also: How vacancies are filled in state supreme courts

Midterm vacancies are filled by assisted appointment. The governor appoints a new judge from a list of qualified nominees submitted by a judicial nominating commission. The nominee must be confirmed by the New York State Senate. The newly appointed judge serves a full 14-year term.[17][18]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

New York Judicial Selection More Courts
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Courts in New York
State of New York Court of Appeals
New York Supreme Court, Appellate Division
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in New York
Federal courts
State courts
Local courts

External links

Footnotes

  1. Times Union, "Halligan confirmed to Court of Appeals, cementing liberal majority," accessed April 26, 2023
  2. 2.0 2.1 112th Congress Nomination Materials
  3. "Statement by the President on the Withdrawal of the Nomination of Caitlin Halligan" 3/22/2013
  4. The New York Times, "Vance Deputy Nominated to Be Federal Appellate Judge," September 29, 2010
  5. 5.0 5.1 The White House, Press Release: "President Obama Names Two to U.S. Circuit Courts," September 29, 2010
  6. Times Union, "Halligan confirmed to Court of Appeals, cementing liberal majority," accessed April 26, 2023
  7. The White House, Press Release: "Presidential Nominations Sent to the Senate, 9/29/10"
  8. Judicial Nomination Materials
  9. Associated Press "Republicans block Obama appellate court nominee," December 6, 2011 (dead link)
  10. "Presidential Nominations Sent to the Senate" 6/11/2012
  11. "President Obama Nominates Two to Serve on the U.S. Court of Appeals for the District of Columbia Circuit" 6/11/2012
  12. "Presidential Nominations Sent to the Senate" 9/19/2012
  13. Senate Judiciary Committee, "113th Congress Nomination Materials," accessed April 25, 2014
  14. "Statement by the President on the Withdrawal of the Nomination of Caitlin Halligan" 3/22/2013
  15. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  16. Huff Post Politics, "Caitlin Halligan, Appeals Court Nominee, Blocked By GOP Amid Opposition From Gun Industry," March 6, 2013
  17. 17.0 17.1 17.2 17.3 17.4 National Center for State Courts, "Methods of Judicial Selection: New York," accessed September 12, 2021
  18. 18.0 18.1 18.2 18.3 18.4 New York State, "The Constitution of the State of New York," accessed September 12, 2021 (Article VI)

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