Court rules NYS ethics commission unconstitutional

ALBANY, N.Y. (NEWS10) -- A New York State appeals court ruling has reaffirmed New York's newest ethics commission was formed unconstitutionally. The court upheld a prior state supreme court ruling about the Commission on Ethics and Lobbying in Government (COELIG).

A judge concluded that the commission's ability to operate independently of government control violates the constitution because its ability to hand out penalties overlaps with the executive branch's powers.

The case stems from a lawsuit filed against the commission by former governor Andrew Cuomo. A previous ethics commission, known as JCOPE, was disbanded after it allowed executive staffers to work on a book Cuomo wrote about his handling of the COVID-19 pandemic.

The legislature formed a new ethics commission that was meant to be more independent of the executive branch.

A stay was issued after the lower court's ruling last September, which allowed the commission's work to continue. The commission said it disagrees with the latest ruling and will work with the attorney general's office to appeal the decision to the state's highest court.