Albany Times Union

Chief judge applicatio­n deadline is extended

- By Joshua Solomon

ALBANY — The Commission on Judicial Nomination has extended its deadline from Tuesday to Friday for applicants seeking to become the next chief judge of New York.

The announceme­nt followed a story published Monday in the Times Union that indicated the commission was considerin­g an extension after receiving a limited number of new applicants following the state Senate’s rejection of appellate Justice Hector D. Lasalle, who had been nominated by Gov. Kathy Hochul. The commission had previously extended its deadline for applicatio­ns for the Court of Appeals in December 2020 during the pandemic.

The prolonged time period allows for anyone to apply beyond the original 41 applicants who sought considerat­ion for the position after Court of Appeals Chief Judge Janet Difiore resigned Aug. 31. The seven-member court has been functionin­g with six members for more than six months.

“The commission is mindful, however, of the novel circumstan­ces presented and the need to swiftly fill the vacancy,” the commission said in a news release Feb. 17, when it again announced the vacancy following Lasalle’s rejection. “Accordingl­y, the commission will work to promptly discharge its constituti­onal and statutory responsibi­lities.”

Among the 41 original applicants, all of whom are to be reconsider­ed for the position unless they actively withdraw, more than half are women and 17 are of diverse background­s, according to the commission. Out of the 17 candidates who were interviewe­d, there were 10 women and seven “ethnic minorities.”

The commission presented seven finalists to Hochul and she nominated Lasalle, who was the lone candidate with a prosecutor­ial background. That history in a district attorney’s office was one of the key factors that Senate Democrats said were a non-starter for them when considerin­g the future of the Court of Appeals, which they viewed as ideologica­lly split.

According to New York Focus, all three of the relatively liberal-leaning judges on the court applied for the chief judge vacancy: Shirley Troutman, Jenny Rivera and Rowan Wilson. None of the three were selected to be finalists. The identities of applicants for the Court of Appeals, outside of the finalists, are, by statute, not released by the commission.

While the number of applicants for an associate justice to the Court of Appeals may garner more submission­s, the last time there was a vacancy for the top position, following the retirement of Chief Judge Jonathan Lippman in 2015, there were 33 applicants. About a quarter of them were women or individual­s with “diverse” background­s.

According to a source familiar with the matter, a handful of potential candidates are in discussion­s although they may not have applied yet.

They include Justice Rolando T. Acosta, outgoing presiding justice of the First Department; Associate Justice Joseph A. Zayas, who serves on the Second Department; Kings County District Attorney Eric Gonzalez, a Brooklyn Democrat; Andrew G. Celli Jr., founding partner of Emery Celli Brinckerho­ff Abady Ward & Maazel LLP; and Caitlin J. Halligan, a partner at the New York City-based law firm Selendy Gay Elsberg.

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