Gianaris calls for professional diversity in Court of Appeals

Sen. Michael Gianaris wrote a letter to the Commission on Judicial Nominations urging them to appoint a person with a background in public defense to the Court of Appeals.  Eagle file photo via New York Senate

By Jacob Kaye

Senate Deputy Leader Michael Gianaris is asking the state to make sure its next appointment to the New York State Court of Appeals is a person with a background in public defense.

Gianaris wrote to the Commission on Judicial Nominations urging its members to diversify the bench by recommending judicial candidates with personal and professional backgrounds that aren’t currently represented in the state’s highest court.

The Queens lawmaker said he was concerned that the bulk of the judges nominated in previous years share similar backgrounds as prosecutors, corporate attorneys and judges from lower courts.

“Court of Appeals judges must be defined by a lifetime of legal excellence, but that cannot be limited to people in just a few, select fields,” Gianaris said in a statement. “For the Court to reflect the values of our entire state, its jurists should represent that excellence in different areas of the law and a commitment to serving others.”

In his letter, Gianaris specifically urges the commission, which submits seven names to the governor to choose from, to nominate people with a background in “civil rights, indigent defense, housing and immigration.”

The letter comes several months before the impending retirement of Court of Appeals Judge Eugene Fahey at the end of the year.

The two most recent appointments to the bench were Judges Anthony Cannataro and Madeline Singas, who were both appointed in June of this year. Cannataro previously served as the Administrative Judge of the New York City Civil Court for the Bronx and Singas served as Nassau County district attorney.

In 2017, all but one of the commission’s recommendations were career jurists. The year prior, two of the commission’s recommendations were judges, four were private attorneys and one was an attorney with the Manhattan DA’s office.

In his letter, Gianaris also called on the commission to make its process more transparent and to gather public feedback.

Court of Appeals judges serve 14-year terms after being nominated by the governor and confirmed by the Senate.

All seven justices on the current Court of Appeals were nominated by former Governor Andrew Cuomo. The impending vacancy will likely be the first filled by Governor Kathy Hochul.

The Commission on Judicial Nominations did not respond to request for comment.

The Court of Appeals is currently comprised of Chief Judge Janet DiFiore and Judges Jenny Rivera, Michael J. Garcia, Rowan D. Wilson, Singas, Cannataro and Fahey.

The appointment process for Court of Appeals justices began in 1974. Prior to that, justices were elected.