Chief Judge Janet DiFiore announced Monday she is stepping down at the end of August, leaving the state’s highest court vulnerable to a shift to the left.
DiFiore, a former Republican, currently leads a Court of Appeals with a 4-3 majority that has issued decisions in recent years that belie New York’s reputation as a bastion of progressive politics.
“I set out to bring operational and decisional excellence to every level of our court system while leading out state’s high court in developing a strong, predictable body of law to guide our communities, our economy, and the personal and professional lives of our citizenry,” DiFiore said in a Monday letter to colleagues.
“We have made incredible progress,” she added.
Former Gov. Andrew Cuomo – who appointed six out of the seven current judges on the court – announced the appointment of the former Westchester DA in December 2016 weeks ahead of the 2017 legislative session.
She has overseen an overhaul of the state’s byzantine court system while joining colleagues in making decisions that have angered Democrats at times – including a 4-3 ruling months ago striking down the so-called “Hochulmander” of the state congressional map.
New York Court of Appeals Chief Judge Janet DiFiore currently leads the court. AP Photo/Hans PenninkIndicating a push to see a more liberal New York high court, state Senate Judiciary Committee Chair Brad Hoylman said in a statement Monday: “The Court of Appeals has become increasingly out of step with the needs and desires of New Yorkers on issues such as workers’ rights, criminal justice, and tenants’ rights. It’s time for a new direction in our judicial branch.”
Gov. Kathy Hochul is charged with appointing a replacement – subject to approval by the committee and full state Senate, as chief judge.
Nominations for the state Court of Appeals come through the Commission on Judicial Nomination, which solicits applications and then sends them to the governor to make a selection that then goes to the Senate Judiciary Committee.
Gov. Kathy Hochul is charged with appointing a replacement — subject to approval by the committee and full state Senate. ANGELA WEISS/AFP via Getty Images“[I] look forward to reviewing the recommendations of the Commission on Judicial Nomination as we work to appoint new leadership to the Court,” Hochul said in a statement.
The remaining six judges on the Court of Appeals will appoint an acting chief judge until a permanent replacement is approved by the state Senate.
Hochul has not said whether she will name a new chief judge ahead of the November election pitting her against Republican gubernatorial nominee Rep. Lee Zeldin (R-Suffolk).
DiFiore confirmed her impending resignation to the New York Times. REUTERS/Hans PenninkState senators are not scheduled to return to Hochul before next January, but Hochul is facing pressure to name a progressive candidate who would tip the balance of power on the court against conservatives.
“The public deserves a representative on the bench who is familiar with the struggles that our clients, Black and Latinx New Yorkers, are forced to endure every day. We look forward to working with Albany lawmakers to ensure that an appointment reflecting these essential voices occurs,” The Legal Aid Society said in a statement.
State senators unanimously confirmed Hochul’s first nomination to the Court of Appeals, former prosecutor Shirley Troutman, earlier this year, but the governor will likely face more resistance this time around if she nominates someone who falls short of progressives’ standards.
“The retirement of Chief Judge DiFiore could not have come at a more opportune time. With abortion, public safety, and a countless number of issues at stake, there has never been a more urgent time for Governor Hochul to appoint a progressive judge to the Court of Appeals,” state Sen. Alessandra Biaggi, who is currently running for Congress, said in a statement.






