Schneiderman's Resignation Sets Succession Process In Motion
The state legislature is empowered to collectively pick a replacement to serve the remainder of Schneiderman's term.
May 07, 2018 at 11:09 PM
3 minute read
The original version of this story was published on New York Law Journal
New York State Capitol in Albany.
A news story alleging Eric Schneiderman, New York's attorney general, choked and slapped women he was involved in relationships with was posted shortly before 7 p.m. Monday. Less than three hours later, after a flurry of calls for his resignation, Schneiderman did just that, effective end of business on Tuesday.
Schneiderman's departure now creates a vacuum in the state's highest law enforcement office—an issue that immediately falls to the legislature.
Article V of the state constitution at least makes the people responsible for that decision clear: “The legislature shall provide for filling vacancies in the office of comptroller and of attorney-general.”
This isn't unprecedented in modern times. In 2006, former comptroller Alan Hevesi resigned from office after pleading guilty to a single count of fraud related to using a state worker to chauffeur his wife around.
Shortly thereafter, legislators worked to pick his replacement. Given the numerical superiority of both the Democratic majority in the state Assembly, the Assembly speaker wields an extraordinary amount of power in selecting the individual.
In 2007, when the current comptroller, Thomas DiNapoli, was hoisted into the office, the speaker was Sheldon Silver, who just happens to currently be in the midst of his second federal corruption trial in as many years.
In Schneiderman's case, it will be Assembly Speaker Carl Heastie, a Bronx Democrat at the head of the 105-member majority caucus—nearly half of the total number of state legislators. Add another 31 Democratic state senators, and Democrats represent 64 percent of the 213 total state legislators.
Given the speed at which Schneiderman's fall came Monday evening, the timeframe for whisper campaigns and trial balloon nominations are still in their early stages. Some dream—or nightmare, depending—scenarios were quickly floated on Twitter: former Manhattan U.S. Attorney Preet Bharara, former Department of Financial Services Superintendent Ben Lawsky, and former Democratic gubernatorial candidate and Fordham University School of Law professor Zephyr Teachout were just a sample of the names mentioned on social media.
If history is any lesson, the choice will ultimately be someone produced by the usual Albany horse-trading and back-room-negotiation process to keep political interests appeased—and it may result in simply a place holder.
State elections are scheduled for this November, with political party primaries scheduled in just four months. If nothing else, Monday's saga means the race for the next New York state attorney general has just begun.
Solicitor General Barbara D. Underwood is in line to become acting attorney general when Schneiderman's resignation becomes effective at the end of business Tuesday.
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