New York Associate Court of Appeals Judge Jenny Rivera is currently “out of compliance with [the Unified Court System’s] vaccine mandate policies.” Much has been made of Rivera’s decision not to get vaccinated against COVID-19 — she’s been banned from her chambers or any court facility (she’s participated remotely in court proceedings).
However the Court System is unable to fire judges for noncompliance with the vaccine mandate — unlike the 103 other court workers New York fired for that very reason. The only possible consequence is “referral to the Commission on Judicial Conduct for their determination.”
But all that’s about to change. Rivera announced earlier this week she’s finally ready to get her Fauci-ouchie:
“Until now I have chosen not to be vaccinated for COVID 19 out of concern for personal health issues,” the judge said.
“My doctors have confirmed that the recently approved Novavax COVID-19 vaccine does not present any health-related risks to me, and I am ready and eager to receive this vaccine as soon as it is publicly available. This decision is a great relief to me and my family.”
“I am honored to serve as a judge of the New York State Court of Appeals and will continue to fulfill at the highest level my professional and ethical responsibilities,” Rivera said.
And while it’s certainly true that Novavax’s addition to the U.S.’s COVID arsenal represents a different mechanism for vaccination (it is a a protein adjuvant rather than an mRNA or vector vaccine), some observers point to another key difference this time around: Chief Judge Janet DiFiore’s recently announced resignation.
As Law.com reports, a judge banned from the courthouse might not be a good look for the Chief judge, but as of right now no succession plan has been finalized:
The Court of Appeals met in closed-session last week to discuss an acting chief judge, but it has yet to make any announcement.
In the face of a resigning chief judge, the panel of jurists has historically chosen the longest-serving associate judge.
Wanna guess who the “longest-serving associate judge” is? You guessed it! Jenny Rivera.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
