New York's ethics watchdog ruled constitutional by state's top court

ALBANY, N.Y. (AP) — New York's top court on Tuesday affirmed the constitutionality of an ethics watchdog created three years ago to stem public corruption, rejecting arguments from former Gov. Andrew Cuomo related to a $5 million book deal.

The Commission on Ethics and Lobbying in Government had been fighting for its survival after Cuomo’s lawyers persuaded lower courts that the panel was given unconstitutional enforcement powers. Cuomo contended that the law creating the agency violated the separation of powers mandated under the state constitution, since enforcing ethics laws is a power that belongs to the executive branch.

The Court of Appeals sided with the commission in a 4-3 vote, reversing lower court rulings.

Judge Jenny Rivera wrote in a majority opinion that the law creating the commission gives it narrow powers to avoid having top state officials regulating their own ethics.

"Trust in government is essential to democracy because its erosion leads to apathy, disaffection, and the breakdown of civic institutions," Rivera wrote. “Given the danger of self-regulation, the Legislature and the Governor have determined that there is an urgent need for the robust, impartial enforcement of the State’s ethics and lobbying laws.”

The commission was formed by the Legislature and Gov. Kathy Hochul as a more independent alternative to a previous ethics panel widely criticized for being overly beholden to top government officials. It debuted in the wake of Cuomo’s 2021 resignation in a sexual harassment scandal.

Cuomo was fighting an attempt by the commission that could force him to forfeit $5 million he got for writing a book about his administration’s efforts during the COVID-19 pandemic. State officials claim Cuomo hadn’t kept a promise not to use any state resources on the book. Cuomo denies those allegations.

A trial court judge sided with Cuomo in 2023, noting that enforcing ethics laws is a power that belongs to the executive branch, yet the governor cannot control ethics commission members, force them to explain their actions or remove them for neglecting their duties, the judge wrote. A mid-level appeals court upheld the judge’s ruling in May.

The ruling Tuesday lifts a cloud of uncertainty that has been looming over the commission for more than a year and was cheered by good government advocates.

The commission’s leadership released a prepared statement saying the top court's validation “is especially important now, when the need for an agency with our mission is as great as it has ever been."

Judge Michael Garcia wrote in a dissent that the law forming the commission violated constitutional “bedrock principles” requiring a separation of powers. He accused the majority of focusing on the individual powers granted to the commission under the statute and pronouncing “each, in turn, not wolf. But step back — it’s not grandma; it’s a wolf.”

“We intend to file for reconsideration — as is our right,” Cuomo spokesperson Richard Azzopardi wrote in an email, “but it is disturbing that any judge of NY’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”

Cuomo resigned in August 2021 after the attorney general released the results of an investigation that concluded he had sexually harassed at least 11 women. Cuomo has denied those allegations.