State Senate lawmakers on Tuesday signaled they were supportive of former Solicitor General Caitlin Halligan's nomination to New York's top court, but a potential Republican-backed lawsuit hangs over the proceedings.
Halligan for several hours was grilled by the Senate Judiciary Committee, with Democratic lawmakers emerging to say they could be supportive of her to advance.
Her nomination, not yet official, is not expected to move forward for another day, when the associate judge spot currently held by Chief Judge-designate Rowan Wilson is vacant. Wilson is expected to be confirmed by the state Senate on Tuesday.
"Today’s hearing showed that, if nominated, Caitlin Halligan would be an excellent choice for the seventh and final vote on the New York State Court of Appeals," said Senate Judiciary Committee Chairman Brad Hoylman-Sigal. "As someone who is familiar with Ms. Halligan’s private practice and public service for over 25 years, I can attest that she has the experience and background to protect the rights of New Yorkers and their access to justice on our highest court."
Republican lawmakers, meanwhile, sounded supportive of Halligan's qualifications for the Court of Appeals. But they questioned the process in which she was selected. Gov. Kathy Hochul this month signed a law accelerating the selection to allow her to pick both Wilson, a current member of the court, as well as Halligan, from the same slate of candidates backed by the state's Commission on Judicial Nominations.
The situation came together this month after the Democratic-led state Senate in an unprecedented vote rejected Hochul's inital nominee, Hector LaSalle, for chief judge.
Senate Minority Leader Robert Ortt at a news conference called Hallaign a qualified candidate, though there remain questios for Republicans over her resume, he said.
"We have a very grave concerns about politicizing the court," Ortt said. "This looks like a one for one. It's very clear they want an activist judge, an activist court."
For now, it's not clear if Republicans will file a lawsuit to challenge Halligan's nomination when it formally occurs.
"We're continuing to review those options," he said.