Hochul nominates Appellate Division judge to Court of Appeals
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Hon. Shirley Troutman was nominated to the Court of Appeals by Governor Kathy Hochul on Wednesday, Nov. 4, 2021. Photo via OCA
By Jacob Kaye
Appellate Division Judge Shirley Troutman was nominated to the state’s highest court by Governor Kathy Hochul on Wednesday.
If confirmed by the State Senate, Troutman, 62, will become the second Black woman ever to serve on the Court of Appeals.
"I am proud to nominate Justice Shirley Troutman to New York State's highest court," Hochul said in a statement. "Justice Troutman has a brilliant legal mind, a fair-minded judicial philosophy, sterling qualifications, and a commitment to equal justice that guides her approach from the bench. I am confident she will serve with distinction on the New York State Court of Appeals."
Troutman, who currently serves as an associate justice in the Appellate Division, Fourth Department, has been an elected judge for nearly 30 years, having first been elected in 1994 to serve in Buffalo City Court.
A longtime resident of Western New York, Troutman served as a judge in Erie County Court from 2003 until 2009, when she was elected to serve as a justice of the Supreme Court, 8th Judicial District. She joined the Appellate Division in 2016.
Troutman also serves on The Franklin H. Williams Judicial Commission, the commission tasked with advising the courts on racial issues within the state’s justice system.
Troutman, if confirmed, will fill the vacancy left by the impending retirement of current Justice Eugene Fahey, who will leave the bench at the end of the year.
"I am so impressed with Governor Hochul's selection of Justice Shirley Troutman to serve on the New York State Court of Appeals,” said Hazel Dukes, the president of the NAACP New York State Conference. “Not only does Justice Troutman have the right skills and qualifications to serve on the State's highest court, but she also has the lived experience to ensure she treats all who come before her with compassion, dignity and respect.”
Queens State Senator called Troutman an “inspiration,” especially for young women of color.
"I support the appointment of Justice Troutman to fill the upcoming vacancy on the New York State Court of Appeals,” Sanders said. “Her years of experience and lifelong dedication to public service makes her well deserving of this honor.”
“I applaud Governor Hochul for her expert decision-making and dedication to diversity in choosing an African-American woman for this position,” Sanders added.
Advocates and lawmakers, particularly Queens State Senator Michael Gianaris, encouraged Hochul to nominate a candidate with a diverse personal and professional background to the court.
Gianaris wrote to the Commission on Judicial Nominations in September, urging its members to diversify the bench by nominating candidates with public defense backgrounds. The bulk of the candidates nominated in previous years shared similar backgrounds as prosecutors, corporate attorneys and judges from lower courts.
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.
The same was mostly true this year, with the exception of recommended candidates Timothy Murphy and Corey Stoughton, both of whom have a background in public defense. All of the other candidates are currently serving in the Appellate Division. Prior to her career on the bench, Troutman served as a prosecutor with the Erie County District Attorney's Office from 1986 until 1989.
Following the recommendations, Gianaris, this time joined by a handful of lawmakers including Queens State Senator Jessica Ramos, made a similar request to Hochul.
In October, Gianaris told the Eagle that diversifying the bench’s professional background would lead to decisions that were equally diverse.
“It means you won't be getting decisions that are tilted too much in one direction of the ideological spectrum,” Gianaris said. “I thought it was important to advocate directly to the commission to give the governor…someone who represents that kind of variety of experience.”
Gianaris said that he was motivated to advocate for diversity after the appointment of Justices Anthony Cannataro and Madeline Singas, who he spoke in favor of, earlier this year. Singas’ appointment was opposed by criminal justice advocates and public defenders across the state, having previously served as the Nassau County District Attorney and as an assistant district attorney in Queens.
“This is exactly why I wrote to the commission directly – we had the Senate presented with one option, at the end of the day,” Gianaris said. “I made the decision I thought was best at that instance, given the option that was presented to us.”
Gianaris’ office did not respond to multiple requests for comment for this story.
T. Andrew Brown called Troutman a “true champion for justice, diversity and inclusion.”
"Justice Troutman brings to the Court of Appeals invaluable experience as a prosecutor, trial court judge and appellate justice,” Brown added. “Her appointment underscores the importance of a diverse judiciary.”
The State Senate has 30 days to either confirm or reject Troutman’s nomination.
If confirmed, Troutman will join Justices Jenny Rivera, Michael J. Garcia, Rowan D. Wilson, Singas, Cannataro and Chief Judge Janet DiFiore, all of whom were appointed by former Governor Andrew Cuomo, on the high court.
