NY: Appellate court agrees that state ethics commission is unconstitutional
The future of state ethics is in jeopardy after a state appellate court upheld a lower court decision finding that New York’s current ethics watchdog commission is unconstitutional. The ruling marks another victory for former Gov. Andrew Cuomo, who brought the lawsuit after the commission started to investigate his $5 million book COVID book deal.
In a 5-0 ruling, a mid-level appellate panel of judges ruled that the Commission on Ethics and Lobbying in Government, the oversight board that administers the state’s ethics laws, violated the state constitution. The state Legislature originally created the commission in 2022 to replace the previous one – the Joint Commission on Public Ethics – that Cuomo himself had created in 2011. “We find that by enacting the foregoing scheme for the enforcement of the applicable ethics laws, the Legislature, though well intentioned in its actions, violated the bedrock principles of separation of powers,” reads the decision.
COELIG’s executive director Sanford Berland and chair Frederick Davie condemned the court’s decision in a joint statement. “We respectfully disagree with the result reached by the court and are reviewing all options, including, if appropriate, recommending interim legislation,” they said.
The decision to uphold the state Supreme Court ruling from September of last year puts the fate of the commission in a state of limbo. It has continued to operate thanks to a stay granted by the Appellate Division. Davie and Berland said the commission would work with state Attorney General Letitia James’ office to try to extend that stay for the duration of the appeals process so it could continue administering and enforcing the state’s ethics laws. “Let us be clear, the state ethics and lobbying laws… remain intact,” Davie and Berland said. “The Commission will continue to promote compliance with the state’s ethics and lobbying laws as this matter works its way through the full appellate process.”
https://www.cityandstateny.com/politics/2024/05/appellate-court-agrees-state-ethics-commission-unconstitutional/396462/
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