New York's top judge to step down
/
Chief Judge Janet DiFiore, who has served as the leader of New York’s court system since 2016, announced her resignation from the role on Monday, July 11, 2022. AP file photo by Mike Groll
By Jacob Kaye
The top judge in the top court in New York State is stepping down from the bench.
Chief Judge Janet DiFiore, who has served as New York’s top Court of Appeals judge since being appointed by former Governor Andrew Cuomo in 2016, told judges and court employees in a letter Monday that she was resigning from her position effective Aug. 31.
She will leave the post with around three years left in her term, which would have ended when she reached the mandatory retirement age of 70 in 2025. When she steps down, DiFiore will have served one of the shortest terms of any chief judge appointed to a full term since 1974, the year the state constitution was changed to allow for chief judges to be appointed, not elected.
DiFiore did not give much of an explanation as to why she was choosing to step down, but called serving as chief judge “a high honor and the greatest privilege of my professional life.”
“I will step down as chief judge of the Court of Appeals and the state of New York and move on to the next chapter in life deeply proud of what we have been able to accomplish together, and forever grateful to each of you for your commitment to excellence,” DiFiore wrote.
In her letter, DiFiore, who, as chief judge, is responsible for leading not only the Court of Appeals but the entire court system, noted a number of court initiatives she had spearheaded, adding that she was comfortable stepping down at a time when she felt those goals and programs were in full swing. The chief judge highlighted the Excellence Initiative, which aimed to evaluate and reform the entire court system.
“With the foundational principles of the Excellence Initiative now fully integrated into our operating model…with our historic work to achieve racial equity and meaningful inclusion among the members of our court family well underway; and with our access to justice services expanded and more fully funded, it is time for me to move on to the next chapter of my professional life,” DiFiore said.
DiFiore did not expand on what shape her professional life will take after she officially retires from the Court of Appeals bench.
In recent years, DiFiore’s tenure as chief judge was primarily marked by the COVID-19 pandemic. Along with Chief Administrative Judge Lawrence Marks, who will remain at his post, DiFiore oversaw the courts shift from in-person to virtual operations, the role out of its vaccine mandate and the constant changes of city, state and federal pandemic safety policies implemented throughout the court system.
DiFiore was also behind the firing of over 45 older judges who were required to apply for recertification after hitting the mandatory retirement age – judges older than 70 can apply for recertification every two years until they reach the age of 76, at which point they must retire.
Though a number of judges were eventually offered the opportunity to apply for recertification the following year, the cost-cutting measure – necessitated by the pandemic – was an unprecedented and unpopular move that resulted in a wrongful termination lawsuit and the retirement of dozens of judges.
“I thank her for her service and wish her luck in her future endeavors,” said Queens Supreme Court Justice Carmen Velasquez, who also serves as the immediate past president of the Association of Supreme Court Justices of the State of New York.
Velasquez served as the president of the organization while the elder justices were fighting to be reinstated. As such, Velasquez was often critical of the chief judge.
George Grasso, the administrative judge in Queens County Supreme Court, Criminal Term, who has worked closely with DiFiore over the past several years, said that DiFiore had a “remarkable tenure.”
“Her departure is going to be a challenge for the court system, but, obviously, the court system is going to continue to do well based upon the principles, and the leadership, and the stewardship that she's given us over the last seven years,” Grasso said.
“For those of us who really care about the management and the efficiency of our courts, her presence will be missed,” he added. “I certainly wish her the best.”
Sherry Levin Wallach, president of the New York State Bar Association, commended DiFiore for her work during the pandemic.
“Over the past six years, Chief Judge Janet DiFiore has led New York’s Court of Appeals with strength and conviction, guiding the state’s judiciary through a tumultuous period that included the unprecedented COVID-19 crisis,” Levin Wallach said in a statement.
“As public trust in government sank to an all-time low, she ensured that the state court system maintained high standards of integrity and service,” the bar association president added. “Judge DiFiore has worked diligently to reveal and address longstanding inequities, injustices, and racial bias throughout the court system, refusing to shy away from tackling difficult and controversial issues.”
But others were far more critical.
Dennis Quirk, the president of the New York Court Officers Association, often sparred with DiFiore over the court system’s pandemic policies. The fighting led to Quirk’s suspension and eventual retirement as a court officer after he posted both of the chief judges’ addresses online to encourage his members to picket her homes over the court system’s vaccine mandate.
“The witch is dead,” Quirk told the Eagle on Monday. “She's the worst chief judge in the history of the state of New York. She treated everybody – court staff, judges, everybody – like garbage.”
Quirk was particularly critical of the chief judge’s response to the pandemic.
“Everything that she’s done during the whole pandemic – forced vaccination, closing Family Court during the pandemic when women couldn’t get orders of protection, every step of the way, landlords and tenants – disgraceful,” he said.
Rep. Hakeem Jeffries, who represents a sliver of Queens and a large portion of Brooklyn, had only two words for the chief judge: “Good riddance.”
Jeffries, like many other Democratic lawmakers, were incensed by DiFiore’s Court of Appeals decision issued earlier this year to rule that the redistricting maps for State Senate and Congress were unconstitutional, both in the way that they were drawn and for their political gerrymandering.
It was one of the most high profile decisions written by DiFiore during her tenure.
The decision also fell in line with how DiFiore, and three other justices, ruled in a large number of cases that came before the Court of Appeals, often ruling conservative opinions that clashed with the increasingly progressive state legislature.
DiFiore and Justices Michael Garcia, Anthony Cannatarro and Madeline Singas, voted in a bloc of four in 96 of 98 cases during the court’s most recent term, according to analysis by New York Focus.
“Janet DiFiore’s resignation allows for a necessary recalibration of our state’s highest court after a series of wrong-headed decisions by her four-judge majority bloc has skewed the playing field in favor of employers who run unsafe workplaces, out-of-state corporations, and law enforcement personnel who abuse their power,” Queens State Senator and Senate Deputy Majority Leader Michael Gianaris said on Monday. “I encourage Governor Hochul to choose a nominee who better reflects the values of our state and look forward to a more robust confirmation process to ensure that happens.”
Governor Kathy Hochul, who will now be responsible for filling the vacancy left by DiFiore’s retirement, celebrated the chief judge’s term in a statement issued on Monday.
"From the Westchester District Attorney's Office to the Court of Appeals, Chief Judge Janet DiFiore has dedicated her career to the people of New York,” Hochul said. “Chief Judge DiFiore's leadership of our state court system - especially during the unprecedented times of the COVID-19 pandemic - has been a critical asset.”
“I thank Judge DiFiore for her years of service and look forward to reviewing the recommendations of the Commission on Judicial Nomination as we work to appoint new leadership to the Court,” she added.
Filling DiFiore’s vacancy will mark the second time Hochul has made an appointment to the Court of Appeals, and the first time she’s appointed a chief judge.
As was the case during Hochul’s first Court of Appeals appointment – Hochul nominated and the Senate confirmed Justice Shirley Troutman – a number of advocates encouraged the governor to appoint someone to the court with a public defense background. The court is currently occupied by judges with a background in prosecution.
“We implore Governor Kathy Hochul to now nominate a jurist to the New York State Court of Appeals who has served as a public defender, civil legal services attorney or both, and equally important, from the neighborhoods we serve, historically marginalized communities of color,” the Legal Aid Society said in a statement.
“The absence of a public defender and civil legal services attorney on the Court creates a tremendous gap of knowledge and experience, which is especially problematic given the critical issues confronting the Court and our legal system as a whole,” the public defense organization added.
A new chief judge is not expected to take office until the start of 2023, when the legislature returns to Albany. Hochul could, however, call the legislature back sooner to get the process underway.
The process will begin with Hochul’s acceptance of nominations for the vacancy. The state’s Commission on Judicial Nominations will then give the governor a list of potential nominees for Hochul to choose from.
After picking a nominee, the state Senate will vote whether or not to confirm the nominee to the position.
