Independent Review Committee for Nominations to the Commission on Ethics and Lobbying in Government

About the Committee

The New York State Independent Review Committee (“IRC”), comprised of the Deans of New York’s 15 American Bar Association (“ABA”) accredited law schools, has completed of its formal review of all nominations — received to date — of candidates to serve on the new Commission on Ethics and Lobbying in Government. The IRC thoroughly reviewed the qualifications of every nominee, their substantive answers to a standard questionnaire and to questions during a personal interview, and the results of a New York State background integrity check. The elected officials who nominated the candidates have been provided with the final decisions, and been asked to notify their nominees accordingly. The IRC met its public commitment to complete this important work by Labor Day.

Once all confirmed candidates are appointed, the Commission will have enough members empaneled to constitute a quorum to conduct its formal business. When received, the Commission will review nominations for the remaining initial appointments as thoroughly and expeditiously as possible.

The final determinations are set forth below:

Nominator	Candidate	Formal Nomination Date	IRC Determination and Date
Governor	Michael Cardozo	July 18, 2022	Approved, August 17, 2022
Governor	Frederick Davie	July 18, 2022	Approved, August 17, 2022
Comptroller	Nancy Groenwegen	July 25, 2022	Approved, August 19, 2022
Attorney General	Emily Jane Goodman	August 2, 2022	Denied, September 1, 2022 (Majority Consensus Not Reached)
Senate Majority Leader	Seymour James	August 5, 2022	Approved, August 31, 2022
Senate Majority Leader	Claudia Edwards	August 24, 2022	Approved, August 31, 2022
Senate Minority Leader	Gary Lavine	August 2, 2022	Denied, September 1, 2022
Assembly Speaker	Robert Torres	August 1, 2022	Denied, August 31, 2022 (Majority Consensus Not Reached)
Assembly Speaker	Leonard Austin	August 5, 2022	Approved, August 31, 2022
Assembly Minority Leader	Edward Carni	August 1, 2022	Approved, August 31, 2022
Governor	Kaylin Whittingham	December 7, 2022	Approved, December 16, 2022
Assembly Speaker	Dolly Caraballo	December 8, 2022	Approved, December 16, 2022
Attorney General	Ava Ayers	February 7, 2023	Approved, February 14, 2023

The Committee Law Deans

The following law deans comprise the Indepenedent Review Committee:

Anthony W. Crowell, IRC Chair
Dean and President, Professor of Law
New York Law School

Alicia Ouellette
President and Dean, Professor of Law
Albany Law School

Michael Cahill
President and Dean, Professor of Law
Brooklyn Law School

Aviva Abramovsky
Dean and Professor of Law
University at Buffalo School of Law

Melanie Leslie
Dean and Professor of Law
Benjamin N. Cardozo School of Law, Yeshiva University

Gillian Lester
Dean and Professor of Law
Columbia University School of Law

Jens David Ohlin
Dean and Professor of Law
Cornell University School of Law

Matthew Diller
Dean and Professor of Law
Fordham University School of Law

Hon. Gail A. Prudenti
Dean and Professor of Law
Hofstra University Maurice A. Deane School of Law

Troy McKenzie
Dean and Professor of Law
New York University School of Law

Horace Anderson
Dean and Professor of Law
Pace University Elizabeth Haub School of Law

Michael Simons
Dean and Professor of Law
St. John’s University School of Law

Craig M. Boise
Dean and Professor of Law
Syracuse University College of Law

Elena Langan
Dean and Professor of Law
Touro University, Jacob D. Fuchsberg Law Center

Sudha Setty
Dean and Professor of Law
City University of New York School of Law

Nominee Review Procedure

The IRC has developed a rigorous pre-nomination process that requires nominating elected officials to assess a broad array of critical information, including professional experience, findings from a thorough background check, and results of a seven-day public comment period on their proposed nominee to help determine the qualifications, suitability, and fitness of the candidates they will nominate. When the nominating elected officials have reviewed and considered this information, they will be able to make an informed choice of whether or not to formally nominate the candidate to the IRC for review.

After the IRC receives a formal nomination of a candidate, it will review the candidate’s professional experience and full history, background investigation findings, public comments, check references as needed, and conduct a personal interview with them. The IRC will then have the sole responsibility to determine whether or not to confirm the nominee for appointment. The nominating elected officials and their staffs will not be able to communicate with the IRC members about their nominee, except in writing to the IRC Chair, while the nominee is formally being considered. If a nominee is not confirmed, the nominating elected official will be notified in writing by the IRC, and must identify and submit a new nominee for review pursuant to the same process.

Here are the official procedures of the Independent Review Committee.

Development and Implementation of the IRC's Procedures

The IRC’s procedures were developed independently and exclusively by the members of the IRC. Once they were drafted, the IRC advised counsel to the nominating elected officials, as well as good government groups from throughout the state, on what the procedures require. The IRC’s work will be supported by the State Police and the Office of General Services (“OGS”) which will undertake the background investigation process.

OGS has assigned an attorney with relevant investigative expertise to serve as a confidential liaison to the nominating elected officials and the IRC, and who will coordinate an efficient and timely background check process. The attorney will provide access to all information in the background investigation records as needed by the IRC. The IRC also will maintain contact with staff from the new Commission on Ethics and Lobbying in Government for limited administrative purposes and to coordinate public information and education efforts.

Background Investigation Forms

The following forms are required to be completed by proposed nominees.

Commission on Ethics and Lobbying in Government Nominee Questionnaire

Appointment Questionnaire Addendum A

Financial Disclosure Form

Financial Disclosure Form Instructions

Authorization and Release of Personal Information Including Tax Information and Certification

New York State Police Authorization for Release of Background Information

Requirements of Proposed Nominees

Proposed nominees will have 10 days to complete their background investigation forms, releases, and fingerprinting and submit them to the State. The State Police and OGS will then have 21 days to complete the background investigation, and report findings to the nominating elected officials. Once a formal nomination is received by the IRC, the Deans will have up to 30 days to determine whether or not to confirm the nominee.

Candidates who are formally nominated for appointment will be asked to complete the pre-interview questionnaire and submit it to the Independent Review Committee in advance of their formal interview.

Public Comment and Information

As stewards of a profession built on the highest ethical and professional standards, the Deans’ work as members of the IRC will be conducted as transparently, independently, and objectively as possible under the law. Accordingly, the IRC is committed to providing up-to-date information on this website concerning its procedures, activities, and other news. The IRC will work the Commission on Ethics and Lobbying in Government to promote appropriate public information and education initiatives.

The following address is the means by which the public can communicate with the IRC in writing, including making requests pursuant to the Freedom of Information Law: [email protected]. Such requests shall be made to the IRC’s Records Access Officer Matthew Gewolb, IRC Alternate Representative.

Reports and News

Under the Procedures established by the Independent Review Committee (IRC), elected officials making appointments to the Commission on Ethics and Lobbying in Government are required to make public the names of their proposed nominees and solicit public comment before making a formal nomination to the IRC. Press Releases containing the names of proposed nominees can be found below. The public may make comments directly to each elected official as provided for in the press releases.

Remarks of IRC Anthony Crowell Before the Commission on Ethics and Lobbying in Government March 29, 2023