New York’s Highest Court Upholds the Constitutionality of Ethics Commission
By: Joseph T. Burns
In a 4-3 decision, the New York State Court of Appeals upheld the constitutionality of New York State’s Commission on Ethics and Lobbying in Government (COELIG). The commission’s constitutionality had been challenged by former Governor Andrew Cuomo. Previously, two lower courts agreed with former Gov. Cuomo that the commission’s structure unconstitutionally vests the Governor’s executive powers in the commission.
COELIG was established in 2022 during the administration of Gov. Kathy Hochul. It oversees and regulates compliance with New York State’s ethics and lobbying laws. Commissioners of COELIG are nominated by the Governor, Senate President and Majority Leader, Assembly Speaker, Senate Minority Leader, Assembly Minority Leader, Comptroller and Attorney General. After being nominated, commissioners must then be approved by a board comprised of the deans of New York’s fifteen law schools. COELIG replaced the Joint Commission on Public Ethics, a state ethics agency created in 2011 during the administration of Gov. Andrew Cuomo.
Other challenges to COELIG’s constitutionality – including from former JCOPE Commissioner Gary Lavine and former State Senator Jeff Klein – remain active in the state courts.
We will continue to monitor these cases as well as events that impact New York’s ethics and lobbying laws and provide updates when appropriate.
