
Will the Committee for Judicial Nominations be Eliminated?
Clip: Season 2023 Episode 15 | 10m 6sVideo has Closed Captions
Discussing the potential end of the commission for judicial nomination, state budget.
New York Governor Kathy Hochul has nominated Rowan Wilson to be the next chief judge. New York State Senate Democrats are looking to eliminate the commission for judicial nomination and give more power to the governor in picking judges. Zach Williams from the New York Post and Josh Solomon from the Times Union join with analysis on this along with the latest on the state budget.
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New York NOW is a local public television program presented by WMHT
Support for New York NOW is provided by WNET/Thirteen and New York State AFL-CIO.

Will the Committee for Judicial Nominations be Eliminated?
Clip: Season 2023 Episode 15 | 10m 6sVideo has Closed Captions
New York Governor Kathy Hochul has nominated Rowan Wilson to be the next chief judge. New York State Senate Democrats are looking to eliminate the commission for judicial nomination and give more power to the governor in picking judges. Zach Williams from the New York Post and Josh Solomon from the Times Union join with analysis on this along with the latest on the state budget.
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Learn Moreabout PBS online sponsorshipAND LET'S START THERE WITH THIS WEEK'S PANEL, ZACH WILLIAMS IS FROM THE "NEW YORK POST" AND JOSH SOLOMON IS FROM THE TU.
SO THIS COMMISSION, THE PEOPLE THAT I HAVE SPOKEN TO WITHIN THE COURT OF APPEALS AND IN THE LEGAL COMMUNITY HAVE SAID THAT ENDING THIS COMMISSION WOULD NOT BE A GREAT THING FOR ETHICAL REASONS, THAT THE COMMISSION IS DESIGNED IN A WAY TO KIND OF SEPARATE THE GOVERNOR FROM THIS PROCESS.
WHAT ARE YOU HEARING ABOUT THAT?
WELL, THE STATE BAR ASSOCIATION HASN'T COME OUT OFFICIALLY, BUT BAR ASSOCIATION GROUPS OR GOOD GOVERNMENT GROUPS, THE SAME FOLKS WHO PUSHED THIS COMMISSION 50 YEARS AGO ARE REALLY UPSET.
YES.
I MEAN, THIS IS, TO THEM, THIS IS COMPLETELY FLIPPING THE ENTIRE CONSTITUTION ON ITS HEAD AND MAJORITY LEADER ANDREA STEWART-COUSINS WOULD SAY, YEAH, IT DOESN'T WORK.
SO LET'S REMOVE IT.
BUT THE POINT WAS TO INSULATE THE PROCESS AT LEAST FROM SOME WHAT LAWMAKERS AT THE TIME CALLED BAD POLITICS AND SEEING WHAT THEY COULD DO TO AT LEAST STRIP SOME OF THE PARTISANSHIP AND SOME OF NOT ONLY ACTUAL POLITICS BUT THE PERCEPTION OF POLITICS.
AND THAT WAS IMPORTANT TO THE FRAMERS OF THIS AMENDMENT.
IT'S INTERESTING BECAUSE I FEEL IN THE PAST DECADE AND PROBABLY BEFORE THAT, TOO, ALBANY HAS HAD A TREND OF CREATING THESE PANELS AND COMMISSIONS TO BASICALLY PUSH OFF THE LEGISLATURE'S NOT DUTY BUT TO KIND OF DELEGATE WHAT THEY WANT TO DO.
THERE'S ONE THAT DECIDES HOW MUCH THE EXECUTIVE GETS PAID AND HOW MUCH THE JUDICIARY GETS PAID, THAT KIND OF THING.
I'M INTERESTING TO SEE THAT THEY KIND OF WANT TO REVERSE THAT.
THAT WOULD MEAN THE GOVERNOR-- I CAN JUST SEE A SITUATION DOWN THE LINE WHERE THEY WOULD REGRET THAT DECISION, YOU KNOW, IN THE NEXT GUBERNATORIAL ELECTION, WHAT IF LEE ZELDIN WINS AND HE CAN PICK WHOEVER HE WANTS WITH THAT CHANGE.
SO I DON'T WANT TO DWELL ON THAT TOO MUCH.
I'D LIKE TO TALK ABOUT THE JUDGES, IN PARTICULAR.
NOT THEM AND THEIR RECORDS, BUT I FAILED TO MENTION BEFORE THAT CAITLIN HALLIGAN HAS BEEN NOMINATED TO REPLACE ROWAN WILSON ON THE COURT OF APPEALS SINCE HE WILL OR WOULD PRESUMABLY BE THE CHIEF JUDGE IN THE CONFIRMATION THAT MAY OR MAY NOT TAKE PLACE NEXT WEEK.
ZACH, WITH THESE TWO NOMINEES, BUT PARTICULARLY WITH ROWAN WILSON, DO YOU SEE THIS BEING A SMOOTHER PROCESS THAN WITH LASALLE?
IT SEEMS THAT HE HAS GENERAL SUPPORT FROM DEMOCRATS.
I WOULD GENERALLY SAY THAT THUS FAR IT'S BEEN WAY MORE SMOOTHER THAN NOMINATION OF HECTOR LASALLE, THE BROOKLYN APPELLATE JUDGE, THAT JUST WENT DOWN IN FLAMES.
YES.
[LAUGHTER] THE IMPORTANT THING TO REMEMBER IS THE STATE COURT OF APPEALS, THE STATE'S HIGHEST COURT, HAS FOR YEARS BEEN DOMINATED BY CONSERVATIVE MAJORITY.
NOW HECTOR LASALLE'S NOMINATION WAS SEEN AS A SIGN THAT MAJORITY WAS GOING TO HOLD FOR YEARS.
YOU KNOW, TWELVE-YEAR TERM AFTER ALL.
NOW WITH ROWAN WILSON, WHO'S BEEN DESCRIBED AS A LIBERAL JUDGE, VERY COMPETENT, VERY SMART BUT DEFINITELY MORE TO THE LEFT THAN HECTOR LASALLE, THAT WILL NOT ONLY, YOU KNOW, PUT A LIBERAL AS THE CHIEF JUDGE, THE HEAD OF THE SEVEN-MEMBER COURT BUT THEN IF CAITLIN HALLIGAN GETS APPROVED, ALSO SOMEONE DESCRIBED AS A LIBERAL, THAT WOULD CREATE A 4-3 LIBERAL MAJORITY ON THE COURT.
THAT COULD HAVE BIG IMPLICATIONS.
NOT LEAST THE CONGRESSIONAL LINES IN 2024.
RIGHT.
STATE ATTORNEY GENERAL LETITIA JAMES WITH THE SUPPORT OF THE GOVERNOR HAS LAUNCHED A LAWSUIT TO TRY TO UNDO THOSE LINES THAT HELPED REPUBLICANS FLIP SEVERAL HOUSE SEATS IN NEW YORK AND TAKE CONTROL OF THE U.S. HOUSE.
NOW IF THE COURT OF APPEALS RULES ON THIS CASE, WHICH SEEMS PRETTY LIKELY AND VOTED TO STRIKE DOWN THOSE LINES, WE COULD SEE, YOU KNOW, CONGRESSIONAL DISTRICTS THAT ARE MUCH MORE FRIENDLIER TO DEMOCRATS NEXT YEAR THAN THEY WERE IN 2022.
ESPECIALLY WHEN YOU CONSIDER THAT'S GOING TO BE A PRESIDENTIAL YEAR, PRESIDENT BIDEN, WHOEVER THE DEMOCRATIC NOMINEE IS WILL BE AT THE TOP OF TICKET, TURNOUT WILL BE HIGHER AND IF THE LINES ARE BETTER FOR DEMOCRATS, IT'S EVEN MORE LIKELY THAT THE DEMOCRATS WILL BE ABLE TO TAKE THE HOUSE BACK.
GO AHEAD.
I SHOULD SAY THAT IT WAS-- IT WASN'T JUST ATTORNEY GENERAL LETITIA JAMES WHO LAUNCHED IT.
SHE'S COMING ON SAYING I WOULD LIKE TO JOIN THIS LAWSUIT BEING RUN BY THE DEMOCRATIC CONGRESSIONAL CAMPAIGN COMMITTEE WHO ARE BASICALLY SAYING, WE WOULD LIKE BETTER LINES AND THE REPUBLICANS HAVE SAID, WE WANT THESE LINES INSTEAD AND THEY'VE TOUTED THEIR LINES THAT THEY GOT INSTEAD AS AN ATTRIBUTE TO WHY THEY HAVE THE MAJORITY.
THIS GETS BACK TO COMMISSIONS.
YES.
YOU WERE JUST SAYING THAT THE LEGISLATURE FOR YEARS HAS BEEN KIND OF DELEGATING ITS AUTHORITY TO OUTSIDE PANELS, YOU KNOW, KIND OF OSTENSIVELY IN THE NAME OF GOOD GOVERNMENT.
WELL, THAT DIDN'T WORK OUT SO WELL THEM IN REDISTRICTING.
THERE WAS THE REDISTRICTING COMMISSION FOR THE FIRST TIME, BLAH, BLAH, BLAH, IT DEADLOCKED.
IT DIDN'T COME UP WITH ANY SINGLE SET OF MAPS.
THE DEMOCRATIC LEGISLATURE JUMPED IN, DREW LINES THAT MANY SAW ESPECIALLY ON THE CONGRESSIONAL MAP WERE CLEARLY JERRYMANDERED AT LEAST TO SOME DEGREE.
LONG STORY SHORT, THE REPUBLICANS SUED, OVERTURNED THEM AND TOOK THE HOUSE.
YOU KNOW, ANY STATE CASE CAN GET UP TO THE COURT OF APPEALS.
SO IT'S INTERESTING TO LIKE LOOK AT WHERE THINGS ARE RIGHT NOW, FOR EXAMPLE, FORMER PRESIDENT DONALD TRUMP HAS BEEN INDICTED ON FELONIES.
THAT CASE COULD EVENTUALLY MAKE IT TO THE COURT OF APPEALS WHERE ROWAN WILSON MAY BE THE CHIEF JUDGE.
SO IT'S JUST ALL THESE LIKE-- ALL THESE SEEDS ARE PLANTED RIGHT NOW IN LITIGATION, AND YOU HAVE TO THINK OF LIKE BECAUSE A LAWSUIT DOESN'T GET FILED ON A MONDAY AND GO TO THE STATE'S HIGHEST COURT ON FRIDAY.
THERE'S LIKE TWO YEARS FOR THE FIRST TRACK OR MAYBE A YEAR FOR THE NEXT COURT.
0 SO IT'S LIKE A VERY LONG PROCESS, SO IT'S SOMETHING WE WILL HAVE TO WATCH OVER A NUMBER OF YEARS.
YOU'RE RIGHT, HIS RECORD IS PRETTY LIBERAL.
I'M INTERESTED TO SEE HOW HE DOES ON COMMERCIAL STUFF.
CAN I SAY SOMETHING QUICKLY?
PLEASE.
RIGHT NOW, THIS PROCESS WITH THE TWO NOMINEES-- WELL, ONE IS A NOMINEE, ONE IS A PRESUMPTIVE NOMINEE.
RIGHT.
THAT PRESUMPTIVE NOMINEE, CAITLIN HALLIGAN, THERE COULD BE A LAWSUIT THAT'S GOING TO-- THAT MAY BE FILED ON MONDAY.
YEAH.
THAT COULD CHALLENGE THE PROCESS IN WHICH SHE'S BEING NOMINATED THROUGH THIS PROGRAM THAT THE GOVERNOR HAS PUT FORWARD, THAT THE LEGISLATURE ADOPTED THAT SHE SIGNED INTO LAW.
THIS PROCESS COULD ALL KIND OF BLOW UP ON MONDAY, AND RIGHT NOW, IT IS SMOOTH, BUT THERE MAY BE A CLIFF THAT WE'RE NOT REALIZING WE'RE APPROACHING.
I WOULD BE SURPRISED IF SOMEONE DOES NOT SUE OVER THAT.
I MEAN, I'M NOT A LAWYER.
I DIDN'T GO TO LAW SCHOOL.
I DON'T HAVE ANY LEGAL TRAINING BUT I DID WORK FOR, "THE NEW YORK LAW JOURNAL," WHICH IS KIND OF LIKE LAW SCHOOL.
SAME THING.
AND THE COMMISSION ON JUDICIAL NOMINATION IS IN THE STATE CONSTITUTION.
SO TO ME, AS I'M THINKING ABOUT A WAY THAT AN ATTORNEY WOULD FILE THIS LAWSUIT, NOT TO GIVE ANYBODY ANY IDEAS, IT'S-- IT'S CHANGING A PROCESS THAT IS IN THE CONSTITUTION THROUGH A STATE LAW, NOT AMENDING THE STATE CONSTITUTION.
SO I CAN SEE THAT AS AN ARGUMENT.
I DON'T KNOW.
WE'LL HAVE TO SEE.
MAYBE I'M TOTALLY WRONG.
[LAUGHTER] WE HAVE ONLY THREE MINUTES LEFT.
NOT A LOT THAT WE NEED TO TALK ABOUT ON THE BUDGET, HONESTLY, BUT ZACH, WE'LL GO TO YOU FIRST.
SO BAIL HAS KIND OF DOMINATED THE CONVERSATION.
DISCOVERY REFORM IS NOW KIND OF PART IT OF IT.
BUT NOW HOUSING IS BECOMING A BIG BUDGET BLOCKER AS WELL.
IS THAT RIGHT?
THAT'S WHAT I HEARD FROM A WELL-PLACED SOURCE JUST YESTERDAY.
WHAT IS SO INTERESTING ABOUT HOUSING IS, YOU KNOW, A LOT OF THE DISCUSSION IN THE BUDGET IS THE GOVERNOR WANTS THIS.
WILL THE LEGISLATURE GO ALONG WITH IT?
WITH HOUSING, IT GETS A LITTLE BIT MORE COMPLICATED.
OBVIOUSLY, THE LEGISLATURE WANTS TO DO SOMETHING ON HOUSING AND NOT SO EAGER TO DO SOMETHING ON BAIL NECESSARILY.
AND THE GOVERNOR, SHE HAS HER HOUSING COMPACT, VERY CONTROVERSIAL IN THE SUBURBS SUPPOSEDLY WOULD UNDERMINE LOCAL ZONING CONTROL IN ORDER TO PROMOTE CONSTRUCTION, BUT THE DEMOCRATS AND LEGISLATURE GOT THEIR OWN ASKS AS ASSEMBLY SPEAKER CARL HEASTIE MADE CLEAR A FEW DAYS AGO WHEN I ASKED HIM, THERE WAS A LOT OF TALK ABOUT THE GOOD CAUSE EVICTION BILL AND HE KIND OF ALLUDED TO THAT AND I ASKED HIM, WHAT DOES THE LEGISLATURE WANT?
HE MENTIONED, YOU KNOW, RENTAL ASSISTANCE FOR PUBLIC HOUSING RESIDENTS IN NEW YORK CITY IS ONE AND AFFORDABLE HOUSING PROGRAM FOR MIDDLE CLASS PEOPLE MAYBE WOULD BE IN THE CARDS.
SO I THINK WITH HOUSING, YOU KNOW, WHATEVER HAPPENS WITH THE CONTROVERSIAL ENFORCEMENT MECHANISM IN THE GOVERNOR'S HOUSING PLAN-- RIGHT.
THERE WILL BE NEGOTIATIONS ON THAT, BUT THE GOVERNOR'S ALSO GOING TO HAVE TO PLAY BALL AND GIVE THE LAWMAKERS SOMETHING THAT THEY WANT ESPECIALLY LAWMAKERS FROM NEW YORK CITY WHO CLEARLY WANT TO REALLY CHANNEL A LOT OF THIS HOUSING ENERGY INTO NEW YORK CITY WHERE I THINK EVERYBODY KNOWS AFFORDABLE HOUSING'S CRISIS IS AT ITS WORST.
ABSOLUTELY.
AND I DON'T KNOW IF GOOD CAUSE MAKES IT IN IN ITS CURRENT FORM I'D BE SURPRISE FUNDAMENTAL THEY KIND OF JUST TOOK THE BILL AND PUT IT IN.
I COULD SEE A SITUATION WHERE THERE IS KIND OF A COMPROMISE THERE AND THEY TAKE SOME PARTS OF GOOD CAUSE AND LEAVE OTHER PARTS OUT.
PROBABLY THE RED TYPE PART.
GOOD CAUSE KIND OF SKEWS.
YOU KNOW, THE ASSEMBLY HAD SOME VAGUE LANGUAGE IN THEIR ONE-HOUSE BUDGET RESOLUTION THAT SORT OF SAID, YEAH, WE WANT TO PROTECT OUR TENANTS AND THE STATE SENATE HAD SOMETHING STRONGER, BUT IT'S VERY UNCLEAR, YOU KNOW, THE EXTENT TO WHICH THE LEGISLATIVE LEADERS WOULD GO TO BAT FOR GOOD CAUSE, A DARLING OF THE POLITICAL LEFT, BUT THEY'RE CERTAINLY GOING TO AT LEAST TRY A LITTLE BIT, NOT LEAST TO KIND OF ASSUAGE SOME OF THEIR MEMBERS WHO REALLY WANT THIS.
BUT THAT SAID, YOU KNOW, RENTAL ASSISTANCE AND A WHOLE BUNCH OF OTHER ITEMS BESIDES THE GOVERNOR'S HOUSING IMPACT SEEM TO BE PART OF THIS WHOLE MISHMASH OF HOUSING THAT SEEMS TO BE HOLDING UP THE BUDGET AS MUCH AS BAIL CERTAINLY AT THIS POINT.
SO 30 SECONDS, JOSH.
GIVE US A QUICK UPDATE ON BAIL AND THEN WE GOTTA GO.
SOME SAY IT'S DONE.
SOME SAY IT'S NOT DONE AND SOME SAY IF IT IS DONE, THAT IS A PROBLEM BECAUSE THAT MEANS THAT THERE WOULD BE QUOTE, UNQUOTE, ROLLBACKS.
THERE'S A LOT OF CONSTERNATION OVER THE CRIMINAL JUSTICE ISSUE STILL WHICH MEANS EVEN A CRUNCHY ISSUE ON HOUSING WOULD MAKE THE BUDGET DELAY EVEN LONGER.
WHO KNOWS WHAT WE'LL FINISH?
MAYBE NEXT WEEK WE'LL SAY THE BUDGET IS STILL IN NEGOTIATIONS.
YOU KNOW WITH THE CONFIRMATION HEARINGS ON MONDAY AND MAYBE TUESDAY, I DON'T KNOW IF THEY DO VOTE ON A BUDGET NEXT WEEK, BUT WE WILL SEE.
JOSH SOLOMON FROM THE TU.
ZACH WILLIAMS FROM THE "NEW YORK POST."
THANK YOU BOTH SO MUCH.
AND JUST A REMINDER THAT WE TAPE "NEW YORK NOW" ON FRIDAY MORNINGS.
SO IF THERE'S ANY BIG NEWS OVER THE WEEKEND, WE'LL HAVE IT ON OUR WEBSITE.
THAT'S AT NYNOW.ORG.
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Providing Support for PBS.org
Learn Moreabout PBS online sponsorshipNew York NOW is a local public television program presented by WMHT
Support for New York NOW is provided by WNET/Thirteen and New York State AFL-CIO.