Recent rulings by New York’s top court signal a change in the courts’ conservatism, particularly with regards to the rights of people accused of crimes. Caitlin Halligan, the court’s newest judge, has sided with more liberal judges in several closely divided cases, often casting the deciding vote in favor of defendants’ rights, indicating her liberal leanings as a jurist. The Court of Appeals under former Chief Judge Janet DiFiore was largely pro-prosecutors and against the rights of defendants. However, this is beginning to change under Halligan and Chief Judge Rowan Wilson.
The recent change reflects a political fight earlier in the year, when New York’s state Senate rejected chief judge nominee Hector LaSalle, a judge on a state appeals court, and Chief Judge DiFiore resigned amid a scandal. There were concerns over LaSalle’s conservative record, which led to his nomination being rejected. Halligan was then nominated to the Court of Appeals, now showing a shift in recent pro-defendant rulings.
Halligan’s recent votes, alongside those of the more liberal judges, have overturned convictions, moved to protect individual rights and liberties, and shifted the roles of the judiciary. One particular case had her cast the deciding vote in a 4-3 ruling in favor of a defendant who had been convicted of illegal gun possession, prohibiting prosecutors from using previous unconnected crimes as evidence against defendants. This shows signs of a shift in the Court’s historical conservative bloc.
The recent change comes as a consequence of Wilson’s frequent use of a provision in the state constitution that allows lower appeals court judges to sub in when judges from the top court recuse themselves. This has led to relative unknown judges casting key votes and showing the change in the Court’s previous conservative bent.
The recent rulings have provided evidence of a shift towards a more progressive stance and preference for individual rights and liberties, a clear break from the DiFiore court’s pro-prosecution approach. The recent rulings suggest a sea change in the direction of New York’s top court.
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