Top New York judge not complying with vaccine mandate

NEW YORK (AP) — A judge on New York’s highest court has been referred to a disciplinary commission and could be kicked off the bench for failing to comply with a rule requiring proof of vaccination against COVID-19.

Judge Jenny Rivera, one of seven jurists on the state's Court of Appeals, is barred from court facilities and has been working remotely since October, court officials said. She is one of four judges statewide who have been referred to the state's Commission on Judicial Conduct for being out of compliance with the mandate that applies to all court personnel.

The Court of Appeals is New York's equivalent of the U.S. Supreme Court.

“We had made it clear from the outset that any Judge not in compliance subjects themselves to a referral to the Commission on Judicial Conduct for their determination,” courts spokesperson Lucian Chalfen said.

Asked about Rivera's status, Chalfen said: “She is not in compliance with the court's vaccination policy.”

Responding to a message left with Rivera's chambers, Court of Appeals spokesperson Gary Spencer said: “If true, any referral would be confidential under the Judiciary Law.”

Rivera, who was appointed to the Court of Appeals by former Gov. Andrew Cuomo in 2013, has been participating in hearings by video, questioning lawyers through a large television monitor positioned next to her colleagues on the bench in the Albany courtroom.

She was absent from Tuesday's ceremony, attended by Gov. Kathy Hochul, celebrating new appeals court judges.

New York’s state court system requires all employees to be vaccinated against COVID-19, a policy it put in place last year. On March 21, the state court system notified 156 court employees that they failed to meet qualification for employment and would be fired if they did not show proof...