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NY Senate Holds Confirmation Hearing For DiFiore

(AP Photo/Mike Groll)

(Update: The New York State Senate confirmed Janet DiFiore as chief judge of the New York Court of Appeals on Thursday, Jan. 21.)

The New York State Senate held a confirmation hearing for Governor Andrew Cuomo’s choice for the state’s Chief Judge.

Janet DiFiore, a Cuomo ally who is the District Attorney in governor’s home of Westchester County, faced questions from Senators, both Republicans and Democrats, about whether she would be sufficiently independent from Cuomo. The governor has taken a number of executive actions recently that have angered Senate Republicans, including on raising the minimum wage and raising the age where youth accused of crimes can be sentenced to state prison. Senate Judiciary Committee Chair John Bonacic asked DiFiore, who, as DA, has been a supporter of Raise the Age, what she would do if the governor’s executive actions were challenged and it came before the court.

DiFiore, answered that, as a former county court and state Supreme Court judge, she has a record of independence and impartiality, and expects that to continue.

“I also understand my role, if I am fortunate enough to be confirmed, to make certain that each and every case that comes before me is decided on the merits without regard to any outside forces or influences,” DiFiore said. “You have my word on that.”

But DiFiore said she does support beefing up the family courts if the governor is successful in his effort to have 16- and 17-year-olds accused of felonies tried in family court instead of the criminal courts. And she agreed with ranking Senate Democrats Ruth Hassell-Thompson that the state’s bail system needs to be “fixed” so as not to be unfair to the poor.

History shows that governors, as well as Presidents, often find that their appointees to high courts do not always vote the way the executive might like them to, said court expert and Albany Law School professor Vince Bonventre. Bonventre, who attended the hearing, said the Senators did their job, asking “very probing” questions.

“They need to ask that, because of course she seems to be a close political bud of the governor,” said Bonventre, who said in many cases, the appointees often go on to “vote against” the views of the Governors and Presidents.

DiFiore was asked by Southern Tier Senator Tom O’Mara, about her views on second amendment rights, given that DiFiore is a proponent of gun control. She told the committee that she will take any case concerning guns and the Second Amendment, on the merits, but surprised many when revealed that she, too, is a gun owner.

“Do you have a concealed carry permit?” Senator O’Mara then asked.

“Yes I do, sir,” DiFiore answered.

DiFiore was not asked many questions about her role as the first chair of a controversial state ethics commission. It was created by Cuomo and lawmakers and is dominated by the governor’s appointees. She left after less than a year and half, saying her decision to run for re-election as DA would be a conflict.

If she wins the full Senate confirmation vote, DiFiore would be only the second woman to lead the high court. The first woman chief judge, Judith Kaye, was chosen by Cuomo’s father, Governor Mario Cuomo. Kaye was forced to retire when she reached the age of 70 in 2008. She passed away earlier this month.

Shortly after the hearing, Cuomo submitted his nominee to fill yet another slot on the high court, former U.S. Attorney Michael Garcia. Garcia worked in the George W. Bush Administration, and was nominated by Bush to be the U.S. Attorney, where he served from 2005 through 2008. In March of 2008, Garcia brought the prostitution patronization charges against then governor Elliot Spitzer, which led to Spitzer’s abrupt resignation.

Karen has covered state government and politics for New York State Public Radio, a network of 10 New York and Connecticut stations, since 1990. She is also a regular contributor to the statewide public television program about New York State government, New York Now. She appears on the reporter’s roundtable segment, and interviews newsmakers.