Court of Appeals judge recuses herself from redistricting case
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Court of Appeals Judge Caitlin Halligan (center) recused herself from an upcoming case concerning the state’s redistricting process. Governor Kathy Hochul, who appointed Halligan earlier this year, is a party to the case. File photo by Don Pollard/Office of Governor Kathy Hochul
By Ryan Schwach
The Court of Appeals judge who was previously considered the potential tiebreaker in the major redistricting case coming before the court next month has recused herself from the case.
Judge Caitlin Halligan, who ascended to the Court of Appeals bench in April, has recused herself from the case which sees the court deciding if new congressional district lines should be drawn in the Empire State. She will be replaced in the case by the presiding justice of the Appellate Division, First Department, Dianne Renwick.
The Court of Appeals had no comment on Halligan’s recusal, but told the Eagle that she reported to the court that she is taking herself off the case because “[she] wish[es] to avoid any potential appearance of impropriety” because “[she] ha[s] or had a close professional or personal relationship with a party or lawyer involved in this matter.”
The case, Hoffman v. Independent Redistricting Commission, could have major, national implications for either the Democratic or Republican parties. The case was brought after a previous ruling made by the Court of Appeals in a separate case found that district lines drawn by lawmakers last year after the New York Independent Redistricting Commission failed to submit a final set of maps were unconstitutional.
The ruling resulted in the appointment of a special master, who drew new congressional lines. Using those lines, Republican candidates were able to pick up several seats in the U.S. House of Representatives, helping them secure a majority there.
In turn, the Democratic petitioners in the previous case, which included Governor Kathy Hochul and State Attorney General Letitia James, argued that the state’s constitution would be violated should the court appointed special master’s maps be used for any election beyond the 2022 election. They argue that the special master and his subsequent district lines did not appropriately take into account public input or the democratic process.
Recently, the Court of Appeals ordered a stay in the case, which means the redistricting commission has been unable to begin drawing new lines until the court rules on the case. However, the stay isn’t ironclad – they can start to redraw lines in an unofficial capacity, if they choose to do so.
Before Halligan’s recusal, she was considered the potential tie breaker in the case as the only current member of the Court of Appeals who had not previously ruled on a recent redistricting case.
The court, now led by Chief Judge Rowan Wilson, is considered to have a more liberal tilt than its previous iteration, led by Chief Judge Janet DiFiore, which ruled in favor of the then-Republican petitioners.
Last year, Wilson wrote the dissenting opinion in the previous redistricting case, and argued that he believed the legislature's drawing of the maps after the IRC had failed to submit a final version was constitutional.
Judges Shirley Troutman and Jenny Rivera also dissented from that majority opinion, supported by DiFiore and current Judges Madeline Singas, Michael Garcia and Anthony Cannataro.
Should each of the judges rule the same way they did in that case, Halligan was the only tiebreaker.
Jeff Wice, a professor at New York Law School who leads the school’s N.Y. Census & Redistricting Institute, believed that Halagan’s replacement should be a welcome sign to the Democrats hoping the appeal gets shot down.
“It's good news for the [Democrats],” Wice told the Eagle. “They should look favorably on [Renwick].”
Wice says that Renwick previously was part of a ruling which sent state Assembly lines back for another draft, giving him the indication she has no issues with sending lines back to be redrawn.
Renwick was previously a staff attorney for the Legal Aid Society, and a Civil Court judge in New York City prior to her current role. Renwick’s husband, Robert Johnson, was the Bronx district attorney from 1989 to 2015, and currently serves as a Supreme Court judge in the brough.
The Court of Appeals is scheduled to hear the case on Nov. 15 in Buffalo.
Should they choose to uphold the decision, a new redistricting process would kick off, which would likely include a period in which the commission collects public testimony.
