Janet DiFiore, chief justice of the New York Court of Appeals, the state’s highest court, says she will step down at the end of August, even as lawmakers in Albany continue to codify and consider tougher gun and abortion laws. measures at the heart of a national debate and whose legality can be determined by the state judiciary.
In an interview Monday morning, Ms. DiFiore, 66, said there was no reason for her resignation but that she was ready to pursue other opportunities after more than six years on the court.
“I’ve made my contribution,” she said, adding that she doesn’t have another job waiting for her but feels it’s a good “convenient time” to move on. However, she admitted that there will be “one more chapter in my professional career”.
“What it is, I’m not sure at this point,” she said.
The Chief Justice of the Court of Appeals, which has seven members, is the highest judicial office in New York. Ms. DiFiore will be replaced by an acting chief justice chosen by the court’s six other justices until a successor is appointed by Gov. Kathy Hochul, a Democrat, and confirmed by the state Senate, which is also led by a Democratic supermajority.
Ms. DiFiore, the former Westchester County district attorney, was nominated to the court in 2015 by former Governor Andrew M. Cuomo, who resigned last August. She was the second female chief justice since Judith S. Kay and one of six nominated and confirmed by Mr. Cuomo. Shirley Troutman, the most recent appointee, was nominated last year by Ms. Hochul and confirmed shortly thereafter.
The job of chief justice of the Court of Appeals, to which lawyers are appointed for 14-year terms, is a serious one, requiring oversight not only of the Supreme Court itself but also of the state’s growing judiciary, which operates on a $3 billion budget and includes 350 court buildings. The pandemic has also severely curtailed the proceedings, with arguments being conducted via video conference rather than the baroque confines of an Albany courtroom.
The New York court could serve as a bulwark for conservative rulings by the U.S. Supreme Court, which recently struck down abortion rights and limited a New York law that regulates the carrying of concealed weapons. But on Monday, Ms. DiFiore pushed back on such questions, saying her proudest moments had to do with managing the Covid crisis, the chronically overburdened judicial system and maintaining an objective balance in New York.
“It’s a brilliant challenge every day,” she said.
Judge DiFiore’s legacy may be best defined by a sweeping 32-page opinion issued in April for a divided court that ruled Democratic leaders violated the state constitution when they drew new congressional and state Senate districts. The opinion, by a four-judge majority, also said the Democratic-drawn congressional districts violated the state’s express ban on partisan gerrymandering.
The decision angered Democrats, who openly accused the chief justice of engaging in an illegal power grab.
Nicholas Fandos contributed reporting.
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