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Who is Rowan Wilson? He’s set to become NY’s first Black chief judge.

By

Jon Campbell

Published Apr 18, 2023

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Rowan Wilson stands next to an American flag.

 

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Jon Campbell

Published Apr 18, 2023

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Rowan Wilson, a former private attorney who spent the last six years on New York’s top court, is set to become the first Black person to serve as the state’s chief judge, a wide-ranging position that will put him in charge of the entire judicial branch.

The Democrat-led state Senate is expected to confirm Wilson as head of the Court of Appeals on Tuesday, putting an end to a six-month-long intraparty squabble with Gov. Kathy Hochul, in which lawmakers took the unprecedented step of rejecting her first pick for the position earlier this year.

In late February, Senate Democrats rejected the governor’s first nominee, Appellate Division Presiding Justice Hector LaSalle. They took issue with several of his rulings and painted him as too conservative for the Court of Appeals, which has shifted to the right in recent years despite being dominated by Democrats.

Wilson’s record is further to the left, which earned him support from Democrats who previously opposed LaSalle’s nomination.

His elevation to the chief judge position will create a vacancy on the court, which Hochul has pledged to nominate Caitlin Halligan to fill. Halligan, a private attorney who previously served as the state's solicitor general, is scheduled to face questions from the judiciary committee on Tuesday.

Republicans, however, have been weighing a lawsuit, arguing that a recent law allowing Hochul to appoint two judges from the same list of seven finalists — as she did with Wilson and Halligan — is unconstitutional.

Who is Rowan Wilson?

As chief judge, Wilson will continue to serve on the court while also overseeing New York’s broad web of state and local courts, an administrative role that will put him in charge of a budget that exceeds $2 billion annually. He will be eligible to serve through 2031, when he reaches the state’s mandatory retirement age of 70.

“I understand the position of chief judge requires love of the law, honesty, open-mindedness and tireless devotion,” Wilson told the Senate Judiciary Committee on Monday. “That is the essence of what I have to offer.”

What is his judicial philosophy?

Wilson faced a barrage of questions Monday from the judiciary committee, which voted to advance his nomination to a full Senate vote scheduled for Tuesday.

Many of them focused on his judicial philosophy.

But Wilson also faced repeated question about his recent ruling in a rape case that drew the ire of the state chapter of the National Organization for Women’s New York City Chapter, which opposed the judge’s nomination and said he “voted to strip a rape survivor of justice.”

What cases has he heard?

Last month, Wilson wrote the majority opinion in a case known as People v. Regan, regarding an alleged 2009 rape in the small village of Norwood near the Canadian border.

The Court of Appeals threw the case out, freeing the defendant by ruling prosecutors violated his right to a prompt trial by waiting more than three years to collect a DNA sample and four years to file an indictment.

Wilson defended the ruling, saying it was required because prosecutors couldn’t explain why there was such a lengthy delay.

“The really distinguishing factor about this case is when asked for any explanation whatsoever in their delay … the [prosecutors] said, ‘We have no explanation whatsoever,’” Wilson said. “Even a long delay with an explanation is something that the law permits.”

Wilson also wrote a dissenting opinion in a case last year that led to the dismantling of New York’s congressional district lines, which were drawn by Democrats in Albany and heavily favored the party. Wilson disagreed with the majority of judges, voting instead to keep the lines in place.

Now, Wilson and the Court of Appeals may soon take up a case that could give the state Independent Redistricting Commission another chance to draw the lines, a move that could have a significant impact on the balance of power in Congress. When asked about the case during the committee meeting on Monday, Wilson said he was recently made aware of it and was not aware of the particulars.

What’s next for Wilson?

After four hours of questions and answers, the Senate committee voted largely along party lines in favor of advancing Wilson’s nomination to a full vote, with 12 Democrats voting in favor and five Republicans opposed.

One Republican, state Sen. Andrew Lanza of Staten Island, voted “without recommendation,” a procedural vote in favor of advancing the nomination without signaling personal approval.

“Judge Wilson has proven himself to be an exceptional and fair-minded jurist with a strong record on civil rights, labor, environmental justice, the right to privacy and tenants’ rights,” said state Sen. Brad Hoylman-Sigal, a Manhattan Democrat who chairs the senate's judiciary committee.

Senate Minority Leader Rob Ortt, a western New York Republican, criticized Senate Democrats’ decision to advance Wilson’s nomination, pointing to the Regan case.

“This decision — which should alarm every law-abiding New Yorker — falls in line perfectly with what has become the mantra of Democrats in New York: criminals over victims,” he said.

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Jon Campbell

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Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.

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Gothamist is funded by sponsors and member donations

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