The Senate Judiciary Committee voted Tuesday to send Gov. Andrew Cuomo’s nominee for the Court of Appeals to the full Senate for confirmation, but not before Republicans questioned the qualifications of Jenny Rivera.

Senate Judiciary Chairman John Bonacic decried what he saw as “social engineering” what it comes to gubernatorial appointments.

Rivera would be the second Hispanic woman to serve on the state’s highest court and replaces the first Latina judge, Ellen Beachamp Ciparick, who retired this year.

“It’s not this governor,” Bonacic said. “This has been going on for a while with other governors. They tend to be what I call social engineers of the court. Everything has to be racially balanced. We need a woman, we need a Hispanic. We need an Afro-American. We need some Caucasians. Maybe we need an Asian. I don’t necessarily adhere to those philosophies. If seven women happen to be the brightest, put them all on.”

Perhaps a blip, it is highly unusual that some GOP lawmakers are opposing the confirmation of Rivera, who also worked with Cuomo during his four-year term as attorney general, especially considering that the governor and conference have worked well together over the last two years.

Senate Democrats defended Rivera, saying that she was qualified, and pointed out that past judges, including former Chief Judge Judith Kaye had never served on the bench before her nomination.

“Certainly she has a judicial temperament that will serve her well on the Court of Appeals,” said Sen. Diane Savino.

The opposition, which arose during the Judiciary Committee meeting on Monday, angered the Cuomo administration and spurred last-minute lobbying.

Bonacic told reporters after the committee meeting today that he felt the administration could have handled the nomination of Rivera better.

“Basically they felt very strongly for their candidate and we expressed to them in the future before you put candidates forward like other governors have you consult with the Legislature as to number one the amount of nominees that are out there and the one that you want to pick,” Bonacic said. “And we will give a heads up as whether it will be a rough ride or an easy ride.”

Bonacic said that he didn’t think the episode damaged the Senate GOP’s relationship with the Cuomo administration.

 

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