New York Court of Appeals justice vacancy (August 2022)
| New York Court of Appeals |
|---|
 |
| DiFiore vacancy |
| Date: August 31, 2022 |
| Status: Seat filled |
| Nomination |
| Nominee: Rowan Wilson |
| Date: April 10, 2023 |
New York Court of Appeals Chief Judge Janet DiFiore retired effective August 31, 2022. DiFiore's replacement will be Governor Kathy Hochul's (D) second nominee to the seven-member court.[1]
Gov. Hochul nominated New York Supreme Court Judge Hector D. LaSalle to fill the vacancy, but the New York State Senate Judiciary Committee rejected the nomination by one vote in January 2023.[2] The full New York State Senate voted 39-20 against LaSalle's nomination in a floor vote held on February 15, 2023.[3]
On April 10, 2023, Gov. Hochul nominated New York Supreme Court Judge Rowan Wilson to fill the vacancy.[4] On April 18, 2023, the New York State Senate confirmed Rowan as Chief Judge.[5]
At the time of the vacancy under New York law, midterm vacancies were filled through assisted appointment. Under this method, 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.
Ballotpedia has compiled the following resources on the process to fill the New York Court of Appeals vacancy:
- An overview of the appointees.
- A list of finalists recommended to the governor.
- An overview of the selection process.
- Noteworthy events that occurred during the nomination process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2022
The appointees
Rowan Wilson
- See also: Rowan Wilson
Wilson received a bachelor's degree from Harvard University in 1981 and a J.D. from Harvard Law School in 1984.[6] Prior to his appointment to the State of New York Court of Appeals, he was an attorney in private practice from 1986 to 2017 with Cravath, Swaine & Moore LLP. He was a law clerk to Judge James R. Browning of the Ninth Circuit Court of Appeals from 1984 to 1986.
Hector LaSalle (rejected by Senate)
- See also: Hector D. LaSalle
LaSalle received his B.A. from Pennsylvania State University in 1990, and his J.D. from the University of Michigan Law School in 1993.[7]
LaSalle was appointed presiding justice of the court by Gov. Andrew Cuomo (D) on May 25, 2021.[8]
Gov. Hochul nominated New York Supreme Court Justice Hector D. LaSalle to fill the vacancy, but the New York State Senate Judiciary Committee rejected the nomination by one vote in January 2023.[2] The full New York State Senate voted 39-20 against LaSalle's nomination in a floor vote held on February 15, 2023.[3]
Appointee candidates and nominations
Finalists
The New York Commission on Judicial Nomination passed on seven finalists to Gov. Hochul out of the 41 candidates who applied for the vacancy.[9][10]
- Judge Anthony Cannataro
- Yale Law School Professor Abbe Gluck
- New York Supreme Court Justice Hector D. LaSalle
- Albany Law School Dean Alicia Ouellette
- Deputy Chief Administrative Judge for Justice Initiatives Edwina G. Richardson-Mendelson
- Associate Justice of the Appellate Division Jeffry Oing
- Attorney-in-charge Corey L. Stoughton of The Legal Aid Society
The selection process
- 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.[11][12]
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.[11][12]
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.[11][12]
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.[11][12]
Vacancies
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.[11][12]
The map below highlights how vacancies are filled in state supreme courts across the country.
State of New York Commission on Judicial Nomination
The State of New York Commission on Judicial Nomination is an independent state commission in New York established by the New York Constitution that plays a role in the state's judicial selection process. The Commission on Judicial Nomination has 12 members: four selected by the governor, four selected by the chief judge of the State of New York Court of Appeals, and four selected by leaders of the New York State Legislature.[13]
Noteworthy events
New York Senate Judiciary Committee rejects Hector LaSalle's nomination
In January 2023, the New York State Senate Judiciary Committee rejected Gov. Kathy Hochul's (D) nomination of New York Supreme Court Justice Hector LaSalle to the court of appeals. By a margin of one vote, the committee declined to pass on LaSalle's nomination to a vote by the full state Senate. This was the first time that the committee had rejected a nominee to the court.[2]
Representative Anthony Palumbo (R) files lawsuit
On February 9, 2023, Representative Anthony Palumbo (R) filed a lawsuit in Suffolk County Supreme Court, arguing that the state constitution required the full New York State Senate to vote on Hector LaSalle's nomination. Palumbo argued that LaSalle "is entitled to an up-or-down vote by the full State Senate, not as a courtesy, but because the Constitution requires it.” Gov. Kathy Hochul (D) was not a plaintiff in the lawsuit.[14] Suffolk County Supreme Court Judge Thomas Whelan ruled in favor of Palumbo on February 21, 2023.[15]
New York State Senate rejects LaSalle's nomination
The New York State Senate held a floor vote on Hector LaSalle's nomination on February 15, 2023. The chamber rejected the nomination by a margin of 39 to 20. Gov. Hochul said that she would put forward a new nominee.[3]
New York State Senate confirms Wilson's nomination
On April 10, 2023, Gov. Hochul nominated New York Supreme Court Justice Rowan Wilson to fill the vacancy.[4] The New York State Senate held a floor vote on Rowan Wilson's nomination on April 18, 2023. The chamber confirmed the nomination by a margin of 40-19.[5]
Makeup of the court
- See also: New York Court of Appeals
Justices
Following DiFiore's retirement, the New York Court of Appeals included the following members:
| ■ Anthony Cannataro (Acting Chief Justice) | Appointed originally by Gov. Andrew Cuomo (D) in 2021 | |
| ■ Michael Garcia | Appointed by Gov. Andrew Cuomo (D) in 2016 | |
| ■ Jenny Rivera | Appointed by Gov. Andrew Cuomo (D) in 2013 | |
| ■ Madeline Singas | Appointed by Gov. Andrew Cuomo (D) in 2021 | |
| ■ Shirley Troutman | Appointed by Gov. Kathy Hochul (D) in 2022 |
About the court
Founded in 1847, the New York Court of Appeals is the state's court of last resort and has seven judgeships. The current chief of the court is Rowan Wilson.
About Chief Justice DiFiore
- See also: Janet DiFiore
Former Chief Justice DiFiore joined the New York Court of Appeals in 2016. Governor Andrew Cuomo (D) appointed DiFiore as the chief justice of the court in December 2015.
DiFiore received a B.A. from C.W. Post College at Long Island University in 1977 and a J.D. from St. John’s University School of Law in 1981. Prior to her appointment to the State of New York Court of Appeals, she was a district attorney in Westchester County from 2006 to 2015, a justice for the New York Supreme Court 9th Judicial District from 2003 to 2005, and a judge on the Westchester County Court from 1999 to 2002.[16]
Other state supreme court appointments in 2022
- See also: State supreme court vacancies, 2022
The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2021.
See also
External links
Footnotes
- ↑ New York Times, "Chief Judge Resigns at Crucial Time for New York’s Top Court," July 11, 2022
- ↑ 2.0 2.1 2.2 Politico, "Hochul's chief judge pick rejected by her own party in stunning defeat," January 18, 2023
- ↑ 3.0 3.1 3.2 New York Times, "State Senate Rejects Nominee for Chief Judge in Defeat for Hochul," February 15, 2023
- ↑ 4.0 4.1 Politico, "Hochul nominates new chief judge in New York after initial rejection," accessed April 12, 2023
- ↑ 5.0 5.1 WGRZ, "1st Black chief judge for New York state confirmed," accessed April 19, 2023
- ↑ Cravath, Swaine & Moore LLP, "Rowan D. Wilson," accessed August 6, 2021
- ↑ New York Appellate Division, First Department, "Justices of the Court," accessed January 24, 2014
- ↑ Office of Governor Andrew Cuomo, "Governor Cuomo Announces Nominations for Court of Appeals and Court of Claims and First Round of Appointments to the Appellate Division of the Supreme Court," May 25, 2021
- ↑ Spectrum News 1, "Hochul will pick from 7 candidates for top New York judge," November 23, 2022
- ↑ New York State Commission on Judicial Nominations, "The Commission on Judicial Nomination Releases List of Seven Nominees In Connection with Chief Judge Vacancy," November 23, 2023
- ↑ 11.0 11.1 11.2 11.3 11.4 National Center for State Courts, "Methods of Judicial Selection: New York," accessed September 12, 2021
- ↑ 12.0 12.1 12.2 12.3 12.4 New York State, "The Constitution of the State of New York," accessed September 12, 2021 (Article VI)
- ↑ The New York State Senate, "New York State Constitution," accessed November 23, 2021 (Article VI §2)
- ↑ New York Times, "A New Round in the Contentious Fight Over N.Y.’s Next Top Judge," February 9, 2023
- ↑ The Center Square, "New York judge sides with Republicans in court fight," February 22, 2023
- ↑ State of New York Court of Appeals, "Chief Judge Janet DiFiore," accessed August 6, 2021
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