Westchester County District Attorney, Janet DiFiore, Poised to Become State's Next Chief Judge

Janet DiFiore is poised to become the state's next chief judge, as the Westchester County District Attorney cleared an important hurdle Wednesday, getting the approval of the State Senate's Judiciary Committee. But as state house reporter Zack Fink explains, politics appears to have colored the approval process.

For roughly two hours, members of the State Senate Judiciary Committee questioned Westchester County District Attorney Janet DiFiore, Governor Andrew Cuomo's nominee to be the state's Chief Judge.

DiFiore has close ties to Cuomo, and Republican senators asked her if she would demonstrate judicial independence if confirmed to be Chief Judge of the Court of Appeals, the state's highest court.

"Given your policy-making relationship with the governor, how would you go about separating the interest of the judiciary from the interest of the executive to maintain judicial independence?" State Senator John Bonacic of Middletown asked DiFiore.

"I care deeply about the credibility and integrity of the judiciary and the judicial system," she said. "I know and understand the primacy and the necessity of judicial independence."

DiFiore was approved unanimously by the Judiciary Committee. Minutes later, the full Senate convened, where it could have given final approval for her nomination, which is already late.

Instead, the Senate held a very brief session and then broke for the night. Sources told NY1 that this was because Senate Republicans, who hold the majority, wanted one of their picks to be nominated to fill another vacancy on the Court of Appeals.

Moments later, Cuomo issued a press release announcing that he would nominate former U.S. Attorney Michael Garcia to the court.

Garcia was an appointee of President George W. Bush, and is popular with Senate Republicans.

Shortly thereafter, the Senate announced it would approve DiFiore on Thursday.

DiFiore would replace former Chief Judge Jonathan Lippman, who retired earlier this year. In 2015, Lippmann reached the mandatory retirement age for judges on the Court of Appeals, which is 70.