New York Appeals Court Decides Ethics Watchdog Targeting Cuomo Was Unconstitutionally Established

In a groundbreaking ruling, an appeals court in New York declared that the state Commission on Ethics and Lobbying in Government was created unconstitutionally, potentially stripping the watchdog agency of its enforcement powers. The decision came as a result of a lawsuit filed by former Governor Andrew Cuomo, who is challenging the commission’s attempt to make him forfeit $5 million earned from a book he wrote about his administration’s response to the COVID-19 pandemic.

Cuomo argued that the commission does not have the authority under the state constitution to prosecute him. The Appellate Division of the state Supreme Court sided with Cuomo, stating that the creation of the panel violated the fundamental principles of separation of powers.

The commission, established in 2022 by the Legislature and current Governor Kathy Hochul, was intended to investigate ethics and lobbying violations by state officials, employees, lobbyists, and their clients. It was meant to replace a previous ethics commission criticized for lacking independence.

This ruling is a significant blow to the commission’s ability to hold public officials accountable for ethical violations. Cuomo has been embroiled in a legal battle with both this commission and its predecessor over allegations that he used state resources for personal gain. Despite his resignation in 2021 following a sexual harassment scandal, Cuomo continues to deny the allegations against him.

The future of ethics enforcement in New York remains uncertain as the commission faces a potential loss of its enforcement powers.