Spectrum News
A new kind of diversity on the bench — that’s what a group of legislators hope to see. Capital Tonight’s Nick Reisman shares their message to Governor Cuomo.
ALBANY, N.Y. — The New York State Legislature’s five openly gay lawmakers are calling on Governor Andrew Cuomo to nominate the first openly LGBT judge to the state’s highest court — the Court of Appeals.
“The committee on judicial nomination has recommended two openly LGBT judges for the governor’s consideration. We thought it was the right time to appoint New York’s first LGBT judge on the state’s highest court,” said Senator Brad Hoylman, D-Manhattan.
The vacancy on the court was created in April due to the death of Judge Sheila Abdus-Salaam. The lawmakers wrote a letter to Cuomo on Tuesday urging him to nominate one of two of the openly gay judges as backed by a selection committee, pointing to efforts on the federal level to roll back gay rights.
“I think it’s high time particularly when you are looking at what’s happening on the federal level. With LGBT rights we’ve come so far, but now there’s been complete pushback,” said Assemblyman Matthew Titone, D-Staten Island.
Cuomo has nominated a series of firsts to the court. Abdus-Salaam was the first black woman to serve on the court. Judge Jenny Rivera is the first Hispanic woman. The court also for the first time has two black men serving as judges simultaneously.
Republican Senate Judiciary Chairman John Bonacic says he wants the best qualified judge to take the open spot on the court — regardless of their background.
“I want the most qualified judge. I don’t believe in profiling. I don’t believe in voting for a sexual orientation. Whoever the best of the best is,” said Senator John Bonacic, R-Mount Hope.
But the clock is ticking on a nomination and subsequent confirmation process by the Senate. The legislature is in session for only another nine scheduled days. Bonacic says he’s in no rush.
“I’m not so sure that it will get done. We’re not going to rush it the sake of having an expedited process. I don’t believe in that. We want the best qualified person with a thorough vetting,” said Bonacic.
Since taking office in 2011, Cuomo has appointed the entire bench of the Court of Appeals, due to either deaths or mandatory retirements.