A nonpolitical AG choice
The rush is on to fill the state attorney general’s post in the wake of Eric Schneiderman’s abrupt resignation, with 13 applicants seeking to run the Department of Law for the rest of the year and, in some cases at least, capitalize on the advantage of incumbency to get a potential edge in the next election.
The politicizing of the appointment — particularly Gov. Andrew Cuomo’s insinuating himself into the process — is an unfortunate if not unexpected development. The Legislature, however, can take the high road and act in the interests of New Yorkers by appointing the acting attorney general, Barbara Underwood, to serve out the rest of Mr. Schneiderman’s term and let the politics sort itself out where it should — at the polls.
Ms. Underwood, the state’s solicitor general, took over the attorney general’s office in an acting capacity after Mr. Schneiderman resigned following the The New Yorker’s publication of an article on allegations of violent sexual abuse from four women. Under state law, the Legislature now has the authority to appoint someone to serve out the rest of his term though Dec. 31.
Importantly, Ms. Underwood has said she does not intend to run this fall for a full term as attorney general. That means she could devote her full attention to running the office and not be distracted by the demands of campaigning.
She is also a credible candidate for the interim post, having worked before coming to the state job for the U.S. attorney’s office for the Eastern District of New York and as acting solicitor general and principal deputy solicitor general of the United States. She has already signaled that she would maintain the office’s strong stance in challenging President Donald Trump’s and Congress’ ill-advised policies on such matters as health care, legal aid for the poor, net neutrality and climate change.
To his credit, Assembly Speaker Carl Heastie plans to hold public interviews of the candidates Tuesday and Wednesday, rather than just make the decision in a back room. But the reality is, with his Democratic conference commanding a decisive majority even in a joint Assembly-senate vote, this is as much a political process as a legislative one. And with the governor saying he wants to interview the candidates on his own and possibly make an endorsement, Republicans are justified in their concern about the interim attorney general, as well as the next one, potentially being beholden to the governor.
Mr. Cuomo already has enough key legal and investigative entities under his thumb, including the state inspector general’s office and the Joint Commission on Public Ethics.
Yes, some other capable people are seeking the post. But appointing Ms. Underwood would send a clear signal that lawmakers can put political interests aside and pick a qualified candidate who has no future political agenda of her own — to act, that is, entirely in the interests of New Yorkers.