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NY Post
New York Post
18 Apr 2023


NextImg:New York Senate confirms Rowan Wilson to lead Court of Appeals

ALBANY – The state Senate confirmed liberal judge Rowan Wilson to lead New York’s top court Tuesday, despite concerns about past rulings indicating he would push the judiciary far to the left.

The ascension of Wilson, the first black chief judge in state history, marks the end of an era for a court recently dominated by a relatively conservative bloc that angered progressives — most notably when it invalidated the so-called “Hochulmander” of the state congressional map last year.

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Supporters say Wilson’s collegiality and intellect could bring the Court of Appeals together while boosting its national reputation, but his judicial record has faced scrutiny in recent weeks.

Sexual assault survivors have been the most outspoken critics of Wilson – who has served as an associate judge on the court since 2017 – after he wrote the majority opinion in a March 2023 ruling that freed a convicted rapist on a technicality.

“The Chief Judge has a leadership role in communicating the values and priorities of the court system, and the decision Judge Wilson wrote in People v. Regan sends a message that the rights of rape survivors are not priorities for the Court,” read an April 17 letter to Gov. Hochul and legislative leaders signed by 21 sexual assault survivors.

“This is unacceptable.”

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Gov. Kathy Hochul nominated Wilson to the delight of progressives who blocked her first pick to lead New York’s top court.
Mike Groll/Office of Governor Kathy Hochul

Wilson defended the ruling at his Monday confirmation hearing, where he said protecting the rights of the convicted rapist was necessary in order to defend the rights of all New Yorkers to a fair trial.

“It’s a horrible feeling to have to reverse a conviction in that circumstance,” he said. “It’s not an easy thing to do, but it’s a function of how our judicial system works.”

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Wilson was also one of just two dissenting voices in a 2022 ruling denying habeas corpus rights for a Bronx Zoo elephant named Happy, whose human supporters had sought to liberate by establishing the beast’s rights as a “person.”

The party line vote confirming Wilson ends a months-long saga to find a new chief judge for the Court of Appeals following the resignation of ex-Chief Judge Janet DiFiore last summer under a cloud of scandal.

Progressives and powerful labor unions in February blocked the confirmation of Hochul’s first pick for the job – appellate judge Hector LaSalle – following criticism of past rulings that demonstrated his centrist approach to the law.

Hochul switched gears on April 10 by picking Wilson to the delight of the political left.

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“[Wilson] is exactly the type of person who can restore the integrity and reputation of the Court of Appeals after the damaging tenure of the previous administration,” state Senate Deputy Majority Leader Michael Gianaris (D-Queens) said at the time.

The newly-installed chief judge could be a deciding vote in litigation challenging New York’s new congressional lines as part of Democratic efforts to retake control of the House of Representatives next year.

Rowan Wilson sitting at a table with fingers pressed together

Wilson has become the first Black chief judge in state history.
AP

Wilson notably voted to uphold the so-called “Hochulmander” along with other liberals in the 4-3 decision.

Efforts to push the court leftwards gained steam following the midterm elections as the GOP took control of the House after flipping several New York seats, with Hochul and state Attorney General Letitia James among those backing the pending suit.

Wilson’s confirmation sets the stage for another court battle after Albany Democrats passed a new law allowing Hochul to select a his replacement from a list of seven candidates previously screened by the state Commission on Judicial Nomination.

Hochul has picked liberal attorney Caitlin Halligan, whose nomination the Judiciary Committee discussed but did not vote on Tuesday, to replace Wilson once he officially got confirmed.

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Republicans, however, have signaled that they might sue in order to block her confirmation in hopes of getting the commission to compile a new list with more centrist names.

“If there is any litigation, it’s probably from someone here,” Judiciary Chair Brad Hoylman-Sigal (D-Manhattan) quipped at one point in Monday’s hearing, referring to state Sen. Anthony Palumbo (R-Suffolk), who sued weeks ago as part of efforts to force a floor vote on LaSalle.

This is a developing story.