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NY's Top Judge, Janet DiFiore, To Step Down Midway Through Term

After six years on the job, New York’s top-ranking judge is stepping down midway through her term.

New York Chief Judge Janet DiFiore announced her plans to retire in a letter to colleagues sent Monday, July 11.

New York Chief Judge Janet DiFiore announced her plans to retire in a letter to colleagues sent Monday, July 11.

Photo Credit: NYCourts.gov/Wikimedia Commons/wallyg

In a letter to colleagues sent Monday, July 11, Chief Judge Janet DiFiore said she plans to retire in August and “move on to the next chapter in life.”

DiFiore, a Democrat and lifelong resident of Westchester County, was appointed to the role by then-Gov. Andrew Cuomo and confirmed by the state Senate in 2016.

A graduate of Long Island University and St. John’s University School of Law, DiFiore was elected a judge of the Westchester County Court in 1998. She served until 2002 before a two-year stint as a justice of the New York Supreme Court.

In 2005, DiFiore was elected Westchester County district attorney as a Republican. She later switched party affiliations to Democratic in 2007.

As the top state judge, DiFiore wrote the majority opinion in an April 2022 ruling that overturned New York’s Democrat-drawn congressional district lines.

She ruled that Democrats had gerrymandered them in their favor and failed to comply with procedures meant to prevent partisan influence.

Because of the ruling, new lines were drawn by a court-appointed special master that were less favorable to Democrats.

Chief judges normally serve 14-year terms, but the New York State Constitution requires Court of Appeals justices to retire at the age of 70. For DiFiore, that would be in 2025.

“Serving as Chief Judge of the Court of Appeals and the State of New York has been a high honor and the greatest privilege of my professional life,” DiFiore said.

Her last day on the bench will be Wednesday, Aug. 31, according to her letter.

Folllowing news of her resignation, Gov. Kathy Hochul issued a statement praising DiFiore for her work.

"From the Westchester District Attorney's Office to the Court of Appeals, Chief Judge Janet DiFiore has dedicated her career to the people of New York," Hochul said. 

"Chief Judge DiFiore's leadership of our state court system - especially during the unprecedented times of the COVID-19 pandemic - has been a critical asset. I thank Judge DiFiore for her years of service and look forward to reviewing the recommendations of the Commission on Judicial Nomination as we work to appoint new leadership to the Court." 

Hochul is expected to name a replacement in the coming months who will have to be confirmed by the state Senate.

In a post on Twitter, Assembly Speaker Carl Heastie, a Democrat, urged Hochul to choose a progressive judge.

“In light of recent Supreme Court decisions and now news of the New York Chief Judge stepping down, it is more important than ever that Gov. Hochul nominates and the Senate confirms a progressive chief judge,” Heastie said.

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