In 2022, New York state officials established a new ethics commission, designed to serve as an autonomous oversight entity intended to succeed a previously criticized panel that was seen as ineffective in combating public corruption and self-serving practices. The Commission on Ethics and Lobbying in Government (COELIG) quickly garnered attention with its investigation into former Governor Andrew Cuomo regarding $5 million he earned from a book detailing his administration’s COVID-19 response.
Now, however, the commission faces significant challenges as Cuomo’s legal team has successfully argued in court that the panel possesses unconstitutional enforcement capabilities. During a session at New York’s highest court, a state lawyer sought to overturn a lower court’s decision by asserting that the commission’s independent structure is both constitutionally sound and crucial for its operational efficacy.
Despite the ongoing legal battles, COELIG remains operational. Rachael Fauss of Reinvent Albany, who attended the court proceedings alongside other advocates for good governance, warned that a ruling against the commission could have dire implications for ethics oversight in New York. “There would be no watchdog on the beat,” she remarked, emphasizing the state’s troubling history of corruption. “Our previous ethics bodies have been inadequate in dealing with scandals, and to void this relatively independent body raises serious concerns about legislative alternatives.”
COELIG carries out investigations concerning potential breaches of ethics and lobbying regulations involving state officials, employees, lobbyists, and their clients. Any findings associated with state lawmakers are forwarded to the Legislative Ethics Commission for appropriate enforcement. The establishment of COELIG followed a period of discontent with the Joint Commission on Public Ethics (JCOPE), which was criticized for its lack of accountability since its members were selected by the governor and legislative leaders.
In stark contrast, COELIG features a nominating process wherein candidates are vetted by an impartial committee composed of law school deans, and its members cannot be easily dismissed by the governor. Currently, the commission is pursuing an effort to compel Cuomo to relinquish the $5 million he received for his book, arguing that he violated a commitment to refrain from utilizing state resources in its completion; Cuomo counters these claims.
A trial judge had previously ruled in 2023 that the commission’s framework unconstitutionally distances it from the governor, stating that enforcement of ethical laws is inherently an executive function. Hence, the governor should be able to hold commission members accountable, which he cannot do under the current statute.
This judgment was reinforced in May when a mid-level appeals court upheld the initial ruling. Cuomo’s attorney, Gregory Dubinsky, stated before the court that the laws governing the commission endow it with excessive law enforcement authority that should reside within the executive domain. Conversely, state lawyers defended the commission’s structure, positing that it is essential for maintaining its independence from political influence.
Dustin Brockner, the state’s attorney, argued that ineffective ethics commissions lacking sufficient independence fail to uphold public trust. His assertions faced probing questions from judges who expressed skepticism about the constitutionality of the commission. Cuomo resigned in August 2021 following accusations of sexual harassment, as revealed in an attorney general’s investigation that identified at least 11 victims. He continues to engage in public life, triggering speculation about a potential run for mayor of New York City or other offices.
Cuomo’s resignation was not an isolated incident; New York has a long history of corruption scandals among its officials. For example, former Governor Eliot Spitzer resigned in 2008 amid a prostitution scandal, and ten years later, Attorney General Eric Schneiderman departed when multiple women accused him of violent behavior during romantic relationships. Additionally, various past leaders of the state Senate and Assembly have also faced convictions on corruption-related charges.
A ruling from the state’s highest court is anticipated soon. Meanwhile, the heads of the ethics commission expressed confidence in a statement, expressing hope that the court will rule in their favor. They remain optimistic that, should the court identify any flaws in the current legal framework, swift corrections will be implemented by the governor and legislature.
