Nomination of Rowan Wilson to be chief judge advances to Senate

ALBANY -- A State Senate committee on Monday advanced the nomination of Rowan D. Wilson — one of the most liberal members of the state Court of Appeals -- to become New York’s new chief judge, setting the stage for him to confirmed by the full Senate Tuesday.

The Senate Judiciary Committee voted 14-4 to advance Wilson, 62, to lead the Court of Appeals, New York’s highest bench, and the sprawling statewide court system.

Gov. Kathy Hochul nominated him last week, nearly two months after her first choice for chief judge, Hector LaSalle of Suffolk County, was voted down by the Democratic-dominated Senate for being, among other things, too conservative.

This time, Hochul nominated a more liberal jurist and her nominee received a warmer embrace from the Senate committee — although it put him through more than three hours of intense but generally genial questioning.

Wilson, 62, is an associate judge on the Court of Appeals and if he is elevated to chief, Hochul said she intends to nominate Caitlin Halligan, 56, — a respected former state solicitor general — to fill Wilson’s spot as associate judge on the seven-member bench.

The Judiciary Committee already has scheduled a hearing Tuesday on Halligan; she could be confirmed for the bench as early as Wednesday.

Although most of the questioning Monday was cordial, Republicans repeatedly pressed Wilson about a recent Court of Appeals decision to overturn a rape conviction over what the court called “inexplicable delays” by prosecutors that caused the case, People v. Regan, to drag out four years.

Among other things, the court noted St. Lawrence County prosecutors took about two-and-a-half years to obtain a warrant in the case. In the end, the court — with Wilson writing the majority opinion -- said delays denied the defendant his constitutional right to prompt prosecution.

The judge, under questioning, said the outcome was a “grave disservice” to the victim in the case, but added “what she did not deserve was the treatment she received at the hands of the district attorney.”

At another point, he added about the case outcome: “It’s a horrible feeling and it’s not an easy thing to do. But it’s a function of how our legal system works.”

In the end, four Long Island Republicans cast the “no” votes against Wilson: Sens. Anthony Palumbo (R-New Suffolk), Patricia Canzoneri-Fitzpatrick (R-Malverne), Jack Martins (R-Mineola) and Steve Rhoads (R-Bellmore).

Wilson would take over from Janet DiFiore, who stepped down in August. During her six years as chief, the Court of Appeals moved in a conservative direction on criminal and civil cases. DiFiore also drove down the number of cases the court heard each year, angering some in the legal community.

While not criticizing DiFiore directly, Wilson signaled he favored a different approach, saying “I have a fundamentally different view.” He called the reduction in the court’s case load worrying and “drastic.”

He also indicated he wanted more give-and-take among judges when deciding a case. Giving a peek behind the curtain of the court’s process, he said judicial conferences under DiFiore — unlike other chief judges — generally featured each judge getting to speak once, then voting.

Wilson said he wanted lengthier conferences in which judges can go “around and around” about a case in order to reach a better and clearer consensus.

After the committee vote, Wilson is certain to sail through a confirmation vote in the Senate, where Democrats hold a 2-1 advantage. Sen. Brad Hoylman (D-Manhattan), chairman of the Judiciary Committee, reflected the Senate’s preference for Wilson over LaSalle by calling him the “best person to lead the court” and a “fair-minded jurist with a strong record on civil rights, labor, environmental justice, the right to privacy and tenants’ rights,” touching on key Democratic priorities.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy