Joseph Spector

Albany Bureau Chief

ALBANY -- Chief Judge Janet DiFiore was sworn into office on Monday, vowing a broad evaluation of New York's massive court system.

The ceremonial event was held at the ornate Court of Appeals building near the Capitol, and it came just hours before she welcomed a new colleague to the bench.

Michael Garcia, of Irvington, Westchester County, was confirmed Monday afternoon by the state Senate as an associate judge on the court, bringing the state's top court to its full complement of seven members.

DiFiore, the former Westchester County district attorney, was confirmed Jan. 21 by the Senate to serve as the court's chief judge. She succeeds Jonathan Lippman, who retired at year's end.

"Today we start our path," DiFiore said in a speech to a packed court of dignitaries, friends and family. "During the course of my tenure as chief judge, we in the court system will be relentless in our efforts to achieve and maintain excellence through our court system, giving the people of New York state the level of justice services they have a right to respect and which they rightfully deserve."

Gov. Andrew Cuomo swore in DiFiore on Monday after he nominated her for the post last December.

He praised her integrity and called her the "obvious and clear choice” for the important post. She is only the second woman to hold the position, following in the footsteps of Judith Kaye, the former chief judge who passed away last month.

DiFiore said Kaye met with her just days before her death, and Kaye gave DiFiore her judge's robe to wear.

DiFiore vowed to follow in the footsteps of the well-respected Kaye, saying that as head of the court system, she will advance "the administration of justice for the benefit of the people we receive."

As chief judge, DiFiore will oversee a court system with a roughly $2.5 billion budget and 3,600 state and local judges. The chief judge's salary is $198,600.

Meanwhile, Garcia, a Republican, was approved by the Senate Judiciary Committee and then the full Senate for the final open slot on the court.

Cuomo, a Democrat, has appointed six of the seven members of the court since taking office in 2011, and Garcia is his first Republican appointment. Eugene Pigott is the only other Republican on the court, and he will turn 70 in September, requiring him to retire at year's end.

So by 2017, Cuomo will have named the entire court. He praised the selection of Garcia.

"Judge Garcia demonstrated an immovable commitment to integrity and justice, and he is eminently qualified to continue this record of leadership on the Court of Appeals," Cuomo said in a statement.

DiFiore's term is technically for 14 years, but the state constitution forces Court of Appeals judges to retire at the end of the year they turn 70. So DiFiore will be forced to step down at the end of 2025.

Garcia, 54, the former U.S. Attorney for the Southern District of New York, faced questions from the Judiciary Committee, including whether he would be independent of Cuomo.

Garcia said he would be independent when he was asked by Judiciary Committee chairman John Bonacic, R-Mount Hope, Orange County,

"[I] absolutely will exercise judicial independence and believe completely in the independence of the judiciary," Garcia said.

At the public hearing, Bonacic asked if Garcia would dissent from the other judges if he feels strongly about an issue.

Garcia said, “I do believe there is great value in unity, I certainly think that you have an obligation to listen to and to respect the views of other colleagues in the court.”

He continued, “Aside from that, at the same time, if you feel strongly about an issue, there’s, I think, an obligation in certain circumstances to make your view known.”

After the hearing, Garcia said he was honored to be tapped by Cuomo and the Senate for the judgeship.

“It’s an incredible honor, as I’ve said, to be nominated for the court,” Garcia said.

Includes reporting by Albany Bureau staff writer Nick Muscavage.