Court of Appeals Nominees Confirmed by State Senate
The New York State Senate’s Judiciary Committee held — what was at times — a contentious confirmation hearing for Gov. Andrew Cuomo’s nominees to the state’s highest court Tuesday.
Nassau County District Attorney Madeline Singas, one of Cuomo's nominees, faced tough questions from senators on both the left and right.
In the end, Singas and the governor’s other judicial appointees, won approval in the Senate.
Cuomo had nominated Singas and Anthony Cannataro, the administrative judge in New York City’s Civil Court, to fill vacancies at the state’s Court of Appeals, New York’s highest court.
Cannataro, who is openly gay, would replace the late Judge Paul Feinman, who was the first openly gay person to serve on the court. Singas faced the more intense scrutiny.
Five progressive Democratic senators, Alessandra Biaggi, Jabari Brisport, Robert Jackson, Gustavo Rivera, and Julia Salazar, announced that they would vote against her nomination, saying the court already has too many former prosecutors.
They said they felt the court needed more public defenders and civil rights lawyers in the wake of racial injustice in the state’s criminal justice system.
The lawmakers also voiced concern over the Singas’ opposition to the Legislature’s 2019 bail reform package, and said that she did not press charges against eight Long Island police officers who were seen on video punching and kicking an unarmed suspect.
“I cannot in good faith vote in favor of DA Singas’ nomination,” said Sen. Alessandra Biaggi, D-Bronx/Westchester, while speaking on the Senate floor. Biaggi said Singas past actions “render her unfit” to serve on the court.
In an opening statement to the Judiciary Committee, Singas highlighted her immigrant background — she is a first generation American of Greek descent — and her work with sexual abuse survivors, along with advocacy for crime victims, and troubled youths.
She acknowledged, though, the unease that many in Black and Brown communities feel about the criminal justice system.
“I know there is a crisis of confidence in our government and in our justice system,” Singas told the committee. She said she’s made efforts during her time as DA to build “trust."
Senate Judiciary Chair Brad Hoylman asked Singas about the criticism that, as a prosecutor, she might side against criminal defendants in issuing decisions.
“What are your thoughts about the court having another judge whose legal experience is primarily rooted in criminal prosecution?” Hoylman asked.
Singas said she could put her former role aside and be an impartial judge.
“The moment I take my oath, if I am fortunate enough to do so, as a judge for the Court of Appeals, I shed my prosecutor role,” Singas said. “I put on the robe, and I take off that hat and it stays off.”
Meanwhile, Senate Republicans object to Cuomo’s nominees for a different reason.
The governor faces a number of scandals, including allegations of sexual harassment, hiding the true number of nursing home residents who died in the COVID-19 pandemic, and using staff to help him write and edit a memoir for which he was paid over $5 million. Cuomo has denied all of the allegations.
The State Assembly is conducting an impeachment inquiry. If they decide there’s enough evidence to impeach the governor, then a trial would take place in the State Senate with senators and Court of Appeals judges acting as jurors.
Senate Republican Leader Robert Ortt says the two nominees could potentially sit in judgement of the governor who chose them for their jobs.
“The governor might be appointing would-be jurors, if you have an impeachment trial,” Ortt said.
At the committee meeting, the ranking Republican, Senator Phil Boyle, asked Singas about that.
“How do you feel about that?” Boyle asked.
Singas replied that she would not be influenced by that.
“I have always acted independently,” she said.
Boyle, also from Nassau County, supports Singas’ nomination.
Boyle also asked Judge Cannataro if he could serve as an unbiased juror in a potential impeachment trial; Cannataro says he could.
“In my years on the bench, I have made it a point of pride of being an independent jurist,” Cannataro said. “I do not welcome or seek outside input into my decision making.”
Sen. Sue Serino, R-Dutchess, introduced bills Tuesday to amend the State Constitution to prohibit a governor’s appointees from serving as jurors in any potential impeachment trial and to prevent any governor who is the subject of an impeachment investigation to fill vacancies on the court.
So far, the measures do not have support among Democrats.
Singas says she anticipates the state's recent criminal justice laws (bail/discovery) will end up before the Court of Appeals.— Dan Clark (@DanClarkReports) June 8, 2021
"I will not engage in hypothetical or how I would view them. What I can say is that my commitment to reform long predates our conversations."
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There are seven judges that serve on the Court of Appeals, and each jurist that currently sits on the high court was nominated by Cuomo.