Republican lawmakers say New York’s top judge crossed an ethical line last week when he endorsed pending legislation that would allow judges to revisit long sentences for incarcerated people.
State Sen. Anthony Palumbo and Assemblymember Michael Tannousis announced Wednesday that they’ve filed a complaint with the Commission on Judicial Conduct against Court of Appeals Chief Judge Rowan Wilson.
The legislators said the state’s court system has taken a more activist role under Wilson, who was appointed in 2024 after state Senate Democrats rejected a more moderate candidate. The complaint could lead to sanctions up to Wilson’s removal.
“There is no room for politics in the judiciary,” said Palumbo, a Suffolk County Republican. He said judges “must project that image of neutrality and not suggest that they lean one way or another, or therefore a particular party or not, because that is the nature of the beast. And if you can't do that, you should be a legislator and not a judge.”
Al Baker, a spokesperson for Wilson, said it was appropriate for the chief judge to express his views on pending legislation that affects the court system.
Wilson spoke in favor of what’s called the “Second Look Act,” which is backed by Democrats. The legislation would give people sentenced to a decade or more in prison the chance to petition a judge to have their sentence reconsidered.
Advocates say it could ease strain on the prison system and allow people who have reformed their lives an earlier chance to reenter society. Opponents say all the relevant factors are considered at the time of original sentencing, and that a second look would minimize crime victims’ rights.
Thomas Gant, an organizer with the Center for Community Alternatives, which supports the bill, said the complaint is a “calculated distraction from the true moral crisis in our justice system.”
The complaint focuses on one particular moment of the forum. Wilson recounted the story of a sentencing judge who said a defendant was “an animal.” Wilson then suggested that such a judge should be voted out of office.
“Judges here are elected or in some cases are appointed by elected officials,” Wilson said according to a video of a Feb. 27 forum. “And one thing that all of you can do is find out who those people are and there are organizations who are starting to do that and starting to publicize that. And when those judges come up to be elected, don’t vote for them and get other people not to vote for them. That’s something you can do for me.”
Tannousis, a Staten Island Republican, said the comments amounted to a “negative endorsement” of a candidate, which is prohibited by the rules of judicial conduct. He and Palumbo led a complaint filed with the state’s Commission on Judicial Conduct, an independent body that polices the judiciary.
Baker, the court system spokesperson, said Wilson’s comments were consistent with his role.
“It is also appropriate for him to speak publicly about proper judicial temperament and values, and to encourage New Yorkers to stay informed about the conduct of the judges serving their communities and to participate in the processes by which those judges are elected or appointed,” he said. “Those are the points that the chief made.”
Wilson was first appointed to the seven-member Court of Appeals in 2017 and elevated to chief judge in 2023. His predecessor, Janet DiFiore, resigned suddenly amid an investigation into whether she improperly influenced a disciplinary proceeding.
The Commission on Judicial Conduct handled a record number of complaints in 2025, many of them involving local jurists who are not required to be lawyers. Commission Administrator Robert Tembeckjian said he was precluded by law from commenting.
