How to break a standoff at New York’s top bank – New York Daily News
New York State Chief Justice Janet DiFiore plans to retire on August 31. We are asking them to delay their departure date until a successor is nominated by the governor and confirmed by the state Senate, as has been done by US Supreme Court Justice Stephen Breyer.
A brief delay in beginning her retirement after a long career in commendable public service, crowned by her brave and wise majority decision to strike down the Legislature’s horribly rigged redistribution plan, is necessary because her beloved bank, the Court of Appeals, is in crisis and cannot Find an interim successor.
The State judicial law says that if a vacancy arises in the office of Chief Justice, “the Court of Appeals shall appoint an Associate Justice of that Court to act in his stead.” Sexist language notwithstanding, the senior associate judge has traditionally become the acting chief, overseeing the entire $3 billion 16,000-strong judiciary. Today that’s Judge Jenny Rivera.
We oppose Rivera becoming acting boss, as do some of her High Court peers, not because of her jurisprudence but because she is violating a nationwide rule requiring all court system staff to have a COVID vaccine or a legitimate medical or religious one Liberation. Rivera has none. As a result, she is barred from all courthouses.
In April, 103 judicial employees were fired for their refusal. Rivera and the three other judges (out of 1,300 compliant judges across the country) who refused could not be legally dismissed and are instead now being investigated by the Commission on Judicial Conduct, which could remove them from office, which would mean that they would be treated like each other.
We urge Rivera to authorize the release of the panel’s formal indictment against her, just as we have urged DiFiore to do the same for the conduct commission’s indictment against her. Transparency in the courts is paramount and most important to the state’s highest court.
Both judges must put the public interest first.