After having her first nomination rejected by the Senate, the Governor nominated Rowan D. Wilson, who has served as Associate Judge of the Court of Appeals for the past six years, to serve as Chief Judge and fill the vacancy created last summer. Utilizing the bill signed into law earlier this week, the Governor also nominated Caitlin J. Halligan, who has served as New York State Solicitor General and General Counsel to the New York County District Attorney and is currently partner at the law firm of Selendy Gay Elsberg PLLC, to fill Judge Wilson’s vacancy that technically has not yet occurred.

The Senate has announced Judiciary Committee hearings on both Monday and Tuesday to contemplate the nominations before submitting the nominees for a full vote by the Senate. Majority Leader Stewart-Cousins announced the possibility of offering a constitutional amendment to change the selection and nominating process for Court of Appeals judges entirely. Senate Republicans are also upset by the process, arguing that the bill signed into law earlier this week – allowing the Governor to choose two nominees from the same list if a vacancy is created by the first choice – violates the constitution.

Wilson is known largely for frequently dissenting on decisions by the Court, notably in the redistricting case from last year that overturned the legislative and congressional maps.

Governor Hochul said:

Governor Files Amicus Brief Urging Court to Order Independent Redistricting Commission to Redraw Congressional District Lines

Governor Hochul, joined by Attorney General James, filed an amicus brief in support of efforts to redraw New York’s Congressional district lines rather than leaving the lines drawn by a court-appointed special master in place between now and the 2030 census. New York’s congressional lines were challenged last year and were ruled unconstitutional on both substance and process, resulting in a special master drawing lines ahead of the 2022 Election. In the brief, filed in the Appellate Division, Third Department, Governor Hochul and Attorney General James assert that while the special master’s maps may have been appropriate for the 2022 Election, there is significant time for the Independent Redistricting Commission to generate new maps and follow the process outlined in the New York State Constitution for Congressional maps going forward.

A lower court rejected the petitioner’s argument and granted a motion to dismiss on the grounds that “there is no enforceable remedy available to Petitioners to limit the 2022 Congressional redistricting map to the 2022 election, nor to compel the IRC to submit a second redistricting plan corresponding to the 2020 federal census.”

Governor Hochul said:

Attorney General James said:

Siena College Research Institute Poll Rates Attributes of Living in New York

Siena College Research Institute released a poll asking voters to rate quality of life issues and livability in New York. The poll found 70% of respondents are happy living in New York, while 30% wished they live someplace else. The main driver of dissatisfaction appears to be largely centered around affordability with majorities saying that New York is a poor place to retire and that the political system does not work for them. Despite those reservations, large majorities give New York credit for providing access to quality education, enjoyable leisure activities, quality healthcare, and for providing an opportunity to succeed.

Department of Labor Announces Sexual Harassment Model Policy

The New York State Department of Labor has finalized updates to the State’s Sexual Harassment Model Policy, a template document that the State provides to employers to help them comply with State laws on sexual harassment and related topics to protect employees in the workplace. The New York State Department of Labor collaborated with the New York State Division of Human Rights on the strengthened guidance, which addresses remote workers, gender discrimination, retaliation, and other new guidance for workers in New York State.

The new model policy and training resources include information, case studies, and real-world examples of how sexual harassment may emerge in a newly remote world of work and in a wider array of work experiences beyond the typical office space, as well as how gender discrimination, including gender role stereotyping and treating employees differently because of their gender, is sexual harassment.

Class Action Lawsuit Filed Against State Corrections Department

The New York Civil Liberties Union and Prisoners’ Legal Services of New York filed a class action lawsuit in state supreme court against New York State Department of Corrections and Community Supervision (DOCCS) alleging that DOCCS illegally subjected people to prolonged solitary confinement in violation of the Humane Alternatives to Long-Term Solitary Confinement Act (HALT), passed in 2021.

The HALT Act made it illegal for incarcerated people to spend more than 15 days in solitary confinement and excluded certain people from being placed in solitary confinement altogether. The legislation also implemented alternative rehabilitative measures – including the residential rehabilitation units – and expanded the definition of segregated confinement.

The HALT Act established specific criteria for the DOCCS to place a person in confinement for longer than three consecutive days. The incarcerated person would have to be taking part in “heinous activity,” including causing serious physical harm or death, attempting by force a sexual act with another person and other infractions. The lawsuit asserts that the department had gone against the specific requirements outlined by the HALT Act, by making all infractions they deem “tier-three” eligible for confinement for more than three days.