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One of New York state’s highest judges could get the boot for not getting the shot.
Jenny Rivera, an associate judge on the Court of Appeals, is one of four jurists who could be referred to the Commission on Judicial Conduct for failing to get vaccinated against COVID-19.
“We had made it clear from the outset that any judge not in and continuing not to be in compliance subjects themselves to a referral to the Commission on Judicial Conduct for their determination,” state Office of Court Administration spokesman Lucian Chalfen said in an email Wednesday.
The commission can investigate complaints and, depending on its determination, hand down a punishment including removal from the bench.
Proceedings for the commission are confidential until a conclusion is reached in the case.
“If the Commission determines that disciplinary action is warranted, it may render a public determination to admonish or censure the judge, to remove the judge from office or to retire the judge for disability,” its website states. “The Commission may also issue a confidential letter of dismissal and caution to a judge, when it is determined that the circumstances so warrant.”
Rivera, one of seven judges on the state’s highest court, has been forced to work remotely since October.
“All four of the judges who were not in compliance with the vaccine mandate, two in New York City and two outside New York City, remain so and they continue to be barred from entering any court facility and must work from home,” Chalfen said.
When asked if Rivera was in compliance, he replied, “she has been working remotely since October.”
Ex-Gov. Andrew Cuomo appointed Rivera in 2013 to the 14-year term.
A Court of Appeals spokesperson declined comment.
Some 156 court workers were notified two weeks ago they could be fired if they didn’t get vaccinated. Of those, 103 will be sent termination letters Thursday, Chalfen said. One employee chose to resign and 11 notified the state comptroller’s office they were retiring.
The remaining 41 employees chose to get the vaccine, Chalfen said.
The court system’s vaccine mandate went into effect last year.
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