Senate confirms Rowan Wilson as New York’s first Black chief judge

ALBANY — After months of political infighting and an unprecedented rejection of a candidate, New York finally has a new top judge in charge of the state’s sprawling court system.

The Senate on Tuesday confirmed Judge Rowan Wilson as the new chief judge of the Court of Appeals, the state’s highest court, in a 40-19 vote.

The elevation of Wilson, who has served as an associate justice on the state’s top bench for six years, comes months after Gov. Hochul’s first choice, Hector LaSalle, was dismissed by the governor’s fellow Democrats who viewed him as too conservative for the post.

Wilson, 62, is New York’s first Black chief judge.

The seven-member Court of Appeals has been one judge short since the resignation of former chief judge Janet DiFiore last summer.

“Judge Rowan Wilson is a highly qualified jurist with a keen sense of fairness and a deep commitment to justice,” Hochul said in a statement following his confirmation. “Throughout his tenure on the bench, he has proven himself to be a thoughtful leader who recognizes the power of the judiciary to impact the lives of all New Yorkers.”

Wilson was a partner at Cravath, Swaine & Moore for 25 years and also served as chairman of Neighborhood Defender Service of Harlem, which provides legal services to the Harlem community, for 21 years.

He joined the Court of Appeals as an associate judge in 2017, confirmed at the time by a Republican-controlled Senate.

Dems supported Wilson’s nomination despite pushback from several prominent women’s organizations and advocates.

A group of survivors of sexual assault sent a letter to lawmakers and Hochul calling on them to rethink Wilson’s bid due to a majority opinion he penned last month as the Court of Appeals overturned a rape conviction.

In a 4-2 decision, the court ruled that prosecutors violated the rights of a man convicted of raping a woman in 2009 in upstate St. Lawrence County by not obtaining a DNA sample or indicting him for years after the incident.

“We are appalled by this decision to release a convicted rapist when it was the victim, not the rapist, who suffered from the prosecution’s delay,” the survivors wrote.

During a three-hour confirmation hearing held on Monday, Wilson defended his position on the issue and blamed prosecutors for bungling the case.

“It’s a horrible feeling to have to reverse a conviction in that circumstance,” Wilson said when asked about the decision, which he added was a “grave disservice” to the victim.

Republican lawmakers railed against Wilson’s nomination during a heated floor debate, accusing Dems of attempting to pack the court with liberal-leaning judges after rejecting LaSalle.

Sen. Anthony Palumbo (R-Suffolk) repeatedly called Wilson an “activist judge” as he dissected several dissents the jurist wrote that included song lyrics and references to “Willy Wonka & the Chocolate Factory.”

Senate Minority Leader Robert Ortt (R-Lockport) pointed to Wilson’s majority opinion in the rape case as he slammed his colleagues across the aisle.

“This decision — which should alarm every law-abiding New Yorker — falls in line perfectly with what has become the mantra of Democrats in New York: criminals over victims,” he said.

LaSalle, Hochul’s initial pick to lead the court faced heated pushback from labor unions as he was painted as “anti-abortion, anti-union and anti-due process” due to certain decisions highlighted by opponents. The rejection by Senate Dems was a first for any chief judge candidate nominated by a governor, let alone an executive of the same party.

Wilson’s confirmation now clears the path for Caitlin Halligan, a lawyer who previously served as state solicitor general from 2001 until 2007, to be nominated as an associate justice to the Court of Appeals.

Hochul announced her intention to nominate Halligan to fill the remaining vacancy on the bench after the Legislature earlier this month passed a measure allowing the governor to select an additional person from the short list compiled by the Commission on Judicial Nomination should a sitting Court of Appeals justice, such as Wilson, be elevated to chief judge.

Halligan’s path to the state’s highest court is less clear as Republicans and good government groups weigh potential legal action over the law change.

The Senate Judiciary Committee held a confirmation hearing and questioned Halligan about her past work as a lawyer and prosecutor earlier on Tuesday. The panel did not vote to move her nomination to the floor, but will likely do so later in the week.

“As someone who is familiar with Ms. Halligan’s private practice and public service for over 25 years, I can attest that she has the experience and background to protect the rights of New Yorkers and their access to justice on our highest court,” Sen. Brad Hoylman-Sigal (D-Manhattan) said in a statement following the hearing.