New York Court of Appeals justice vacancy (December 2021)
| New York Court of Appeals |
|---|
 |
| Fahey vacancy |
| Date: December 31, 2021 |
| Status: Seat filled |
| Nomination |
| Nominee: Shirley Troutman |
| Date: November 24, 2021 |
New York Governor Kathy Hochul (D) appointed Shirley Troutman to the New York Court of Appeals on November 23, 2021, to succeed Eugene Fahey.[1] Fahey retired on December 31, 2021, when he reached the court's mandatory retirement age of 70 years old.[2] Troutman was Governor Kathy Hochul's (D) first nominee to the seven-member supreme court.
Under New York law, New York Court of Appeals justices serve 14-year terms. They are appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate.
Ballotpedia has compiled the following resources on the process to fill the New York Supreme Court vacancy:
- An overview of the appointee.
- A list of finalists recommended to the governor.
- An overview of the selection 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 2021.
The appointee
- See also: Shirley Troutman
Before her appointment to the state supreme court, Troutman was a justice on the fourth department of the New York Supreme Court, Appellate Division. She was appointed to the court by Gov. Andrew Cuomo to fill a vacancy in February 2016.[3]
Previously, Troutman was a justice of the Erie County Supreme Court in the 8th Judicial District of New York.[4]
Troutman began her legal career in 1986 as an Assistant Erie County District Attorney. She became a New York Assistant Attorney General in 1989. In 1992, she served as an Assistant United States Attorney for the Western District of New York. She was appointed (and later elected) to the Buffalo City Court in January 1994. She served in this position until 2002, when she was elected to the Erie County Court. She has also served as an acting Supreme Court justice.[4]
Troutman received her Bachelor of Science degree from the State University of New York at Buffalo in 1982 and her J.D. degree from Albany School of Law of Union University in 1985.[4]
Appointee candidates and nominations
Finalists
The State of New York Commission on Judicial Nomination recommended seven finalists to Gov. Hochul.[5][6]
- New York Supreme Court, Appellate Division, Second Department Justice Francesca Connolly
- Assistant Federal Public Defender Timothy Murphy
- New York Supreme Court, Appellate Division, Fourth Department Justice Erin Peradotto
- New York Supreme Court, Appellate Division, Third Department Justice Stan L. Pritzker
- Legal Aid Society Attorney-in-Charge Corey Stoughton
- New York Supreme Court, Appellate Division, Fourth Department Justice Shirley Troutman
- New York Supreme Court, Appellate Division, Fourth Department Justice Joanne M. Winslow
The selection process
- See also: Judicial selection in New York
At the time of the vacancy, the seven justices of the New York Court of Appeals served 14-year terms. They were appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate.[7]
Upon the expiration of their terms, judges were required to reapply for appointment and were considered alongside other applicants.[7]
Makeup of the court
- See also: State of New York Court of Appeals
Following Fahey's retirement, the New York Supreme Court included the following members:
| ■ Janet DiFiore[8] | Appointed by Gov. Andrew Cuomo (D) in 2015 | |
| ■ Jenny Rivera | Appointed by Gov. Andrew Cuomo (D) in 2013 | |
| ■ Michael Garcia | Appointed by Gov. Andrew Cuomo (D) in 2016 | |
| ■ Rowan Wilson | Appointed by Gov. Andrew Cuomo (D) in 2017 | |
| ■ Madeline Singas | Appointed by Gov. Andrew Cuomo (D) in 2021 | |
| ■ Anthony Cannataro | Appointed by Gov. Andrew Cuomo (D) in 2021 |
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 Justice Fahey
- See also: Eugene Fahey
Justice Fahey joined the State of New York Court of Appeals in 2015. He was appointed to the court by Gov. Andrew Cuomo (D).
Before serving on the state supreme court, Fahey served on the New York Supreme Court, Appellate Division from December 22, 2006, until 2015. He served on the court's Criminal Division in 2005. Fahey was elected to the State Supreme Court in 1996, where he also presided over cases in Erie County and the 8th Judicial District. He served until 2005. Fahey was elected to Buffalo City Court in 1994 and served until 1996. He served as a law clerk to Judge Edgar C. NeMoyer in the New York Court of Claims before entering private practice in 1985, where he served as house counsel for Kemper Insurance Company until 1993. Fahey served on the Buffalo Common Council from 1978 to 1983 and again from 1988 to 1994.[9]
Fahey earned a bachelor's degree in political science from State University of New York at Buffalo, cum laude, in 1974. He earned a J.D. in 1984 and a master's degree in European history in 1998.[9]
Other state supreme court appointments in 2021
- See also: State supreme court vacancies, 2021
The following table lists vacancies on state supreme courts that opened in 2021. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2020.
See also
External links
Footnotes
- ↑ The Buffalo News, "Troutman, a Buffalo judge, named to state Court of Appeals," November 23, 2021
- ↑ Lexology, "Two Court of Appeals Judges to Retire in 2021," November 10, 2020
- ↑ Times Union, "Cuomo Appoints 10 to fill Appellate Division vacancies," accessed March 24, 2016
- ↑ 4.0 4.1 4.2 New York Courts, "Official biography of the Hon. Shirley Troutman," accessed November 24, 2021
- ↑ State of New York Commission on Judicial Nomination, "The Commission on Judicial Nomination Releases List of Seven Nominees In Connection with Upcoming Vacancy," October 14, 2021
- ↑ New York Law Journal, "Commission Picks Short List to Fill Fahey's Seat on NY's Highest Court," October 14, 2021
- ↑ 7.0 7.1 American Judicature Society, "Methods of Judicial Selection: New York," archived March 8, 2013
- ↑ Judge DiFiore was appointed as chief justice in 2016.
- ↑ 9.0 9.1 Court of Appeals, State of New York, "Honorable Eugene M. Fahey," accessed November 12, 2020
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State resources:
Courts in New York • New York judicial elections • Judicial selection in New York
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