Past President Vincent Chang Quoted in Law360 Article on Prof. Rivera

Rivera Flap Shows NY High Court Picks Can Expect Scrutiny
By Pete Brush

Law360, New York (February 11, 2013, 8:02 PM ET) – The New York State Senate confirmed law professor Jenny Rivera to the state’s highest court Monday on a voice vote, but a bitter debate over her resume signals to Gov. Andrew Cuomo that upcoming judicial nominees can expect heightened scrutiny, especially if they don’t have bench experience.

Rivera, a law professor at the City University of New York, becomes the first judge ever in the Empire State to leap straight to the New York Court of Appeals from academia.

An expert in Hispanic and women’s civil rights issues, Rivera replaces the court’s first and only Hispanic judge, Carmen Beauchamp Ciparick, who was forced to retire at the end of 2012 after reaching the age of 70.

“Professor Rivera has dedicated her career to public service,” Cuomo said after the vote. “Her extensive experience in civil rights law and her passion for making our state a fairer and more just place will greatly benefit New York.”

That Rivera’s Senate confirmation came on a voice vote suggested Republican opposition wasn’t uniform, experts said. But that didn’t stop several influential Republicans, including Middletown, N.Y., Republican John J. Bonacic from taking to the Senate floor in opposition.

“To put someone who has such narrow legal experience on the highest court of this state for 14 years … and pass over other highly qualified nominees is not something that I can support,” said Bonacic, whose judiciary panel advanced Rivera’s nomination without recommendation after a testy Feb. 4 hearing that was carried over until the next day.

Bonacic was referring to a list of seven candidates, sent to Cuomo by the State of New York’s Commission on Judicial Nomination on Dec. 1, that included three state appellate division judges and two practicing attorneys.

“The nominee has a very limited law practice experience,” said Bonacic, adding that he had “concerns that she will be prone to judicial activism.”

Even though they didn’t have the votes to mount a serious challenge, Republicans are making it clear they will do what they can to make sure Cuomo doesn’t steamroll them at every turn, according to Pace University law professor Randolph M. McLaughlin, who also works as of counsel on civil rights matters at Newman Ferrara LLP.

“The Republicans were trying to send Cuomo a message, that they’re not a rubber stamp,” he said. “My gut instinct tells me, given the range of folks he has in the wings, that Cuomo will pick a sitting judge next.”

Cuomo won’t have to wait long before his next pick. After Rivera is sworn in, she will become the only the sixth sitting member on a court that is supposed to have seven judges.

The court had been operating with a relative skeleton crew of five judges after Ciparick’s retirement and the Nov. 6 death of Judge Theodore T. Jones. A slate of nominees to replace Jones is due to hit Cuomo’s desk in early March.

“If Cuomo doesn’t want to go through this brouhaha again, he’ll pick someone who is a judge,” McLaughlin said.

Cuomo also may find himself under heavy pressure to replace the deceased Jones, the court’s lone black judge, with another African-American, according to Albany Law School professor Vincent M. Bonventre.

“I will be shocked if the next list doesn’t have two or three African-Americans on it,” Bonventre said.

While Republicans attacked Rivera for a lack of experience, McLaughlin noted they also took issue with her academic writings, in which she espouses progressive views on civil rights, racial justice and women’s issues.

“They were trying to knock her down, embarrass her, or get her to say something stupid,” McLaughlin said. “It was pretty embarrassing to see her raked over the coals.”

The charge that Rivera lacks experience is not necessarily fair, according to experts, including Wollmuth Maher & Deutsch LLP<http://www.law360.com/firm/wollmuth-maher> partner Vince Chang, who heads the New York County Lawyers Association’s federal courts committee chair.

“A lot of people say the criticism of her experience was just a pretext,” Chang said, noting that state bar associations went over her record carefully and universally recommended her qualifications. “Many very fine judges were professors.”

Opposition to Rivera’s nomination didn’t come exclusively from Republicans on Monday. One of the state Senate’s mavericks, Bronx Democrat Ruben Diaz, said Cuomo, in nominating Rivera, seemed keen on pitting Hispanics against the state’s Republicans.

Diaz, an outspoken and often bombastic critic of Cuomo, added that past Hispanic nominees for other high offices in the U.S. didn’t receive the same support from New York’s Latino population when they were nominated by Republicans, including former President George W. Bush.

“Where were you when George Bush nominated Alberto Gonzales and Miguel Estrada?” Diaz asked his Latino counterparts from the Senate floor.

Overall the proceedings were a departure from the state Senate’s typical Court of Appeals approval process, which over the decades has been staid, with one or two minor exceptions, Bonventre said.

A fierce critic of state Senate inaction on high court nominees, Bonventre applauded the Legislature for subjecting Rivera to tough questions.

“They’ve made it clear to the governor that he can’t just nominate anybody and expect them to roll over,” Bonventre said. “They’re obviously going to start taking their constitutional responsibility more seriously than they have in the past. In the past, they have been complete rubber stamps.”

–Editing by John Quinn and Richard McVay.
All Content © 2003-2013, Portfolio Media, Inc.

Past President Vincent Chang Quoted in Law360 Article on Prof. Rivera

Rivera Flap Shows NY High Court Picks Can Expect Scrutiny
By Pete Brush
Law360, New York (February 11, 2013, 8:02 PM ET) – The New York State Senate confirmed law professor Jenny Rivera to the state’s highest court Monday on a voice vote, but a bitter debate over her resume signals to Gov. Andrew Cuomo that upcoming judicial nominees can expect heightened scrutiny, especially if they don’t have bench experience.

Rivera, a law professor at the City University of New York, becomes the first judge ever in the Empire State to leap straight to the New York Court of Appeals from academia.

An expert in Hispanic and women’s civil rights issues, Rivera replaces the court’s first and only Hispanic judge, Carmen Beauchamp Ciparick, who was forced to retire at the end of 2012 after reaching the age of 70.

“Professor Rivera has dedicated her career to public service,” Cuomo said after the vote. “Her extensive experience in civil rights law and her passion for making our state a fairer and more just place will greatly benefit New York.”

That Rivera’s Senate confirmation came on a voice vote suggested Republican opposition wasn’t uniform, experts said. But that didn’t stop several influential Republicans, including Middletown, N.Y., Republican John J. Bonacic from taking to the Senate floor in opposition.

“To put someone who has such narrow legal experience on the highest court of this state for 14 years … and pass over other highly qualified nominees is not something that I can support,” said Bonacic, whose judiciary panel advanced Rivera’s nomination without recommendation after a testy Feb. 4 hearing that was carried over until the next day.

Bonacic was referring to a list of seven candidates, sent to Cuomo by the State of New York’s Commission on Judicial Nomination on Dec. 1, that included three state appellate division judges and two practicing attorneys.

“The nominee has a very limited law practice experience,” said Bonacic, adding that he had “concerns that she will be prone to judicial activism.”

Even though they didn’t have the votes to mount a serious challenge, Republicans are making it clear they will do what they can to make sure Cuomo doesn’t steamroll them at every turn, according to Pace University law professor Randolph M. McLaughlin, who also works as of counsel on civil rights matters at Newman Ferrara LLP.

“The Republicans were trying to send Cuomo a message, that they’re not a rubber stamp,” he said. “My gut instinct tells me, given the range of folks he has in the wings, that Cuomo will pick a sitting judge next.”

Cuomo won’t have to wait long before his next pick. After Rivera is sworn in, she will become the only the sixth sitting member on a court that is supposed to have seven judges.

The court had been operating with a relative skeleton crew of five judges after Ciparick’s retirement and the Nov. 6 death of Judge Theodore T. Jones. A slate of nominees to replace Jones is due to hit Cuomo’s desk in early March.

“If Cuomo doesn’t want to go through this brouhaha again, he’ll pick someone who is a judge,” McLaughlin said.

Cuomo also may find himself under heavy pressure to replace the deceased Jones, the court’s lone black judge, with another African-American, according to Albany Law School professor Vincent M. Bonventre.

“I will be shocked if the next list doesn’t have two or three African-Americans on it,” Bonventre said.

While Republicans attacked Rivera for a lack of experience, McLaughlin noted they also took issue with her academic writings, in which she espouses progressive views on civil rights, racial justice and women’s issues.

“They were trying to knock her down, embarrass her, or get her to say something stupid,” McLaughlin said. “It was pretty embarrassing to see her raked over the coals.”

The charge that Rivera lacks experience is not necessarily fair, according to experts, including Wollmuth Maher & Deutsch LLP<http://www.law360.com/firm/wollmuth-maher> partner Vince Chang, who heads the New York County Lawyers Association’s federal courts committee chair.

“A lot of people say the criticism of her experience was just a pretext,” Chang said, noting that state bar associations went over her record carefully and universally recommended her qualifications. “Many very fine judges were professors.”

Opposition to Rivera’s nomination didn’t come exclusively from Republicans on Monday. One of the state Senate’s mavericks, Bronx Democrat Ruben Diaz, said Cuomo, in nominating Rivera, seemed keen on pitting Hispanics against the state’s Republicans.

Diaz, an outspoken and often bombastic critic of Cuomo, added that past Hispanic nominees for other high offices in the U.S. didn’t receive the same support from New York’s Latino population when they were nominated by Republicans, including former President George W. Bush.

“Where were you when George Bush nominated Alberto Gonzales and Miguel Estrada?” Diaz asked his Latino counterparts from the Senate floor.

Overall the proceedings were a departure from the state Senate’s typical Court of Appeals approval process, which over the decades has been staid, with one or two minor exceptions, Bonventre said.

A fierce critic of state Senate inaction on high court nominees, Bonventre applauded the Legislature for subjecting Rivera to tough questions.

“They’ve made it clear to the governor that he can’t just nominate anybody and expect them to roll over,” Bonventre said. “They’re obviously going to start taking their constitutional responsibility more seriously than they have in the past. In the past, they have been complete rubber stamps.”

–Editing by John Quinn and Richard McVay.
All Content © 2003-2013, Portfolio Media, Inc.

Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

State of New York | Executive Chamber
Andrew M. Cuomo | Governor
For Immediate Release: January 15, 2013

GOVERNOR CUOMO ANNOUNCES NOMINATION FOR COURT OF APPEALS

Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

Governor Andrew M. Cuomo today nominated Jenny Rivera, Professor at the City University of New York School of Law, to serve on the New York State Court of Appeals.

Professor Rivera, a longtime Bronx resident and New York native, has had a long and distinguished career in public service. She has held many varied positions, as a staff attorney at Legal Aid Society of New York City, as an Associate Counsel for the Puerto Rican Legal Defense and Education Fund (renamed Latino Justice PRLDEF), and served as a law clerk to the Honorable Sonia Sotomayor at the U.S. District Court for the Southern District of New York. She was Commissioner of the NYC Commission on Human Rights from 2002 to 2007. In 2007 she joined the Office of New York State Attorney General Andrew Cuomo as Special Deputy Attorney General for Civil Rights.

“Throughout her career, Professor Rivera has worked to defend the legal rights of all New Yorkers and make our state a fairer, more just place to live,” Governor Cuomo said. “As a Judge on the Court of Appeals, Professor Rivera’s legal expertise and passion for social justice will serve all New Yorkers well, and I am proud to send her nomination to the Senate today.”

Professor Rivera said, “I am deeply honored to be nominated by Governor Cuomo to serve on our Court of Appeals. As a lifetime New Yorker, this nomination is a special opportunity for me to continue to serve the people of New York. As a member of the Court of Appeals, I will work each day to uphold the laws of the state and advocate for fairness and justice, and I thank the Governor for this opportunity.”

This year, Professor Rivera will receive the Spirit of Excellence Award from the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession. In 2012, she received the New York State Bar Association (NYSBA) Diversity Trailblazer Lifetime Achievement Award, and in 2011 received the NYSBA Kay Crawford Murray Award. She is a graduate of Princeton University, and received her J.D. from the New York University School of Law and her LL.M, from Columbia University School of Law.

U.S. Representative Nydia Velazquez said, “The nomination of Jenny Rivera to serve on the Court of Appeals is great news for all New Yorkers. Professor Rivera is a true public servant, and has spent her entire career as a strong, committed advocate for justice and fairness. Her legal knowledge, talents, and vast expertise will be highly valued on the Court of Appeals, and I commend Governor Cuomo for this nomination.”

Seymour W. James, Jr., President of the New York State Bar Association, said, “Jenny Rivera would bring to the Court of Appeals her keen intellect, insightful legal scholarship and a commitment to equal justice for all New Yorkers. The State Bar Association has rated her as well qualified for the position. In 2012, she won our Diversity Trailblazer Lifetime Achievement Award and, in 2010, she was the recipient of our Kay Crawford Murray Award. Her professional achievements also are being recognized in February by the American Bar Association with its prestigious Spirit of Excellence Award.”

Peter M. Reyes, Jr., Hispanic National Bar Association National President, said, “By appointing Jenny Rivera to serve on the Court of Appeals, Governor Cuomo is selecting one of New York’s sharpest legal minds to the highest bench in the state. Professor Rivera’s qualifications, lifetime dedication to public service, and reputation as a legal scholar and neutral advocate render her the right choice for the Court of Appeals. We commend the Governor for this nomination.”

Elena Goldberg Velazquez, President of the Puerto Rican Bar Association, said, “I commend Governor Cuomo for nominating Jenny Rivera to serve on the State Court of Appeals. Professor Rivera is one of New York’s most gifted legal minds, and with this appointment, Governor Cuomo is nominating an extraordinarily qualified Latina to New York State’s highest court. Professor Rivera has been one of the most active and longstanding members of the Puerto Rican Bar Association and we are very proud of her. Throughout her career, Professor Rivera has fought for justice and social inclusion, and all New Yorkers will benefit from her voice and commitment to fairness.”

Matthew Goldstein, Chancellor of the City University of New York, said, “We commend Governor Cuomo for the inspiring appointment of CUNY Law School Professor Jenny Rivera, a highly regarded scholar and teacher who will bring an impressive breadth of professional experience and judgment to the New York State Court of Appeals. On behalf of the entire community of The City University of New York, we extend our warmest congratulations.”

Michelle J. Anderson, Dean of the CUNY School of Law and Professor of Law, said, “Professor Rivera’s deep understanding and grasp of the law, as well as her temperament and integrity, make her an ideal selection to serve New Yorkers on the state’s highest court. For the years she taught our students at CUNY School of Law, Professor Rivera was a role model and example of an individual who put service to others before all else, and whose passion for equality, justice, and fairness was evident in everything she did. We commend Governor Cuomo for nominating Professor Rivera to the Court of Appeals, and look forward to her swift confirmation.”

John Sexton, President of New York University, said, “The nomination of Professor Jenny Rivera, a 1995 graduate of NYU Law School where she was a Root Tilden scholar and a former law clerk to Justice Sonya Sotomayor, does us all proud. I have known Jenny since her time at NYU where she was a student of mine in the Root Tilden Scholarship Program, which I directed. Back then, Professor Rivera was an impressive student who possessed a first rate intellect and a deep sense of compassion. Since her graduation from law school, Professor Rivera has been a distinguished member of the bar, a champion of civil rights and social justice, and at various times a dedicated public servant. If confirmed, her addition to the New York Court of Appeal as an Associate Justice will benefit all the People of this State as well as those who look to our Courts for justice. NYU commends Governor Cuomo for his excellent selection and congratulates Professor Rivera and her family.