New York has had a tumultuous history with ethics. 

Even the new ethics watchdog, the Commission on Ethics in Lobbying and Government, or COELIG, which replaced the beleaguered JCOPE, is having a tough time gaining traction, in part, because of questions about its constitutionality.

Former Gov. Andrew Cuomo and others have argued that a commission that exercises executive authority cannot cede its appointment power to the Legislature, nor is it legal to create an unelected panel with the power to veto appointments. 

So far, the former governor has succeeded in court twice. Next up, the state’s highest court, the Court of Appeals, will hear the case. If it rules in Cuomo’s favor, the body could be dissolved.

Sanford Berland, executive director of COELIG, discussed how the commission differs from JCOPE, as well as why he thinks COELIG will prevail in court. 

“As we stated in our briefs, we believe that New York’s Constitution and its concept of separation of powers, but also its system of checks and balances, is sufficiently flexible to accommodate an agency like ours which represents the best thinking of both the Legislature and the governor on how best to regulate ethics within the body,” Berland said. “We believe that the court will find that kind of room exists in our constitutional system in New York.”  

In an emailed response to Capital Tonight, Rich Azzopardi, a spokesman for Cuomo wrote, “Six judges have already unanimously ruled this commission to be unconstitutional and we believe those decisions will ultimately stand.”