In win for ex-Gov. Cuomo, ethics panel ruled unconstitutional

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A state Supreme Court judge in Albany Lower ruled the new state ethics oversight board, created in the wake of Cuomo’s resignation, is unconstitutional

Make your contribution now and help Gothamist thrive in 2023.After a, a state judge in Albany has ruled the state’s new ethics board is unconstitutional.

Marcelle wrote that the new law creating the Commission on Ethics and Lobbying in Government, shifted power that should belong to the executive branch to a group of unelected law school deans who are not accountable to voters, a change that would require a constitutional amendment, and not just a change in state statute.

At the heart of the case is Executive Law 94, which established the new ethics panel known as COELIG last year. That panel replaced a previous watchdog entity known as the Joint Commission on Public Ethics , which was long criticized for being too close to Cuomo. Avi Small, a spokesperson for Hochul, said in an email that the decision “undermines the independent ethics commission created by Gov. Hochul and we will work with the Commission to support an appeal”.

A spokesperson for the state attorney general and for COELIG, the new ethics body, have not yet responded to requests for comment.

 

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