The New York State Supreme Court, which hears appeals for former President Donald Trump, includes justices who have donated to Democratic campaigns and who were elected as Democratic candidates to lower courts before being appointed to the appeals court.
State election records show that some judges who served on lower courts donated to Democratic candidates and campaign committees in apparent violation of New York State Judicial Ethics Commission rules that prohibit sitting judges from engaging in partisan political activity.
The judges’ list of political donors includes a wide range of New York state officials, from state legislative candidates to former Secretary of State Hillary Clinton.
50 reasons why more than $70 million in small donations was raised after the Trump verdict
A review of federal and state campaign contribution records found that at least 14 of the 21 justices made personal contributions to Democratic campaigns or committees before they were appointed to the Supreme Court. Fox News could not find any evidence that the justices donated to the New York State Republican, Conservative or Liberal parties or their candidates.
Marcia Michael, Ellen Gesmer, Jeffrey Oinge, Letitia James
The justices sit on the New York State Court of Appeals’ First Judicial Department and are set to finally hear an appeal by lawyers for the former president, who was convicted last Thursday on 34 felony counts of falsifying business records.
All but one of the Supreme Court’s 21 justices were appointed by New York’s Democratic governors: David Paterson, Andrew Cuomo, and Kathy Hockle. The only justice appointed by New York’s Republican governor, George Pataki, is Justice David Friedman, who was appointed 25 years ago and is the court’s longest-serving justice.
Prior to his elevation to the Supreme Court, Friedman was a Democratic, Republican and Conservative candidate in the 2011 Supreme Court election. Last year, Friedman sided with the former president in the appeals court’s decision on Trump’s real estate fraud trial.
One judge who did not side with President Trump was Judge Marsha D. Michael, the newest member of the Appellate Division, who was appointed by Judge Hawkle last October.
On April 19, just three days before opening statements were scheduled to begin in Trump’s recently concluded criminal trial before state Supreme Court Justice Juan Marchan, Judge Michael denied a last-minute motion by Trump’s defense team to halt the trial. Her ruling gave the green light to proceed with the trial that ultimately resulted in Trump’s conviction.
In 2014, Michael ran in the Democratic primary for the 79th Bronx congressional district in New York. He was endorsed in that election by then-New York City public interest attorney Letitia James, who was elected New York Attorney General four years later. Last year, James prosecuted Trump in a $454 million real estate fraud lawsuit and won.
When Michael was campaigning for state legislature, James was with her.
On July 11, 2014, Michael answered questions about his candidacy from the nonpartisan good government organization Citizens Union.
She was asked whether she would support “establishing a commission to select judges for all courts in New York State and implementing a merit-based appointment system.”
The judge did not support the idea that all judges should be selected on merit, writing, “I do not believe that all courts should be selected solely on merit.”
Despite having the backing of the Bronx Democratic Party, Michael lost the Democratic primary. She remained in the general election as the Working Families Party’s candidate. WFP is currently known for backing members of the so-called “Squad” in Congress, and has supported Representatives Rashida Tlaib, Ilhan Omar, Cori Bush, and Alexandria Ocasio-Cortez.
Four years after her loss, Michael ran again as the Democratic candidate for a seat on the New York State Supreme Court and won in 2018. She was elevated from that position to the Court of Appeals eight months ago.
Appeals Court Judge Ellen Gesmer was first elected to the New York State Common Pleas Court in 2004. In 2011, she was elected to the Supreme Court as both a Democratic and Republican candidate. Records show that Gesmer donated thousands of dollars to the Democratic Party before she was elected to the court.
Donald Trump arrives at Trump Tower on Thursday, May 30, 2024, after being convicted of 34 counts of first-degree falsifying business records. (Felipe Ramares for Fox News Digital)
During his time as a private attorney, Mr. Gesmer donated to the campaigns of Hillary Clinton, Senate Majority Leader Chuck Schumer, D-New York, former Vermont Gov. Howard Dean and various Democratic committees, according to Federal Election Commission records.
She donated a total of $2,000 to Schumer’s campaign in 1998, $1,725 to Hillary Clinton in her 2000 New York State Senate election, $1,700 to the New York State Democratic Committee and the Democratic National Committee, and $250 to support Dean’s presidential campaign in 2003.
Federal Election Commission records show that Appellate Judge Jeffrey K. Owings donated $900 in three installments to the New York State Democratic Committee in 2003, a year before he was elected as a New York Civil Court judge.
New York State Board of Elections records detailing contributions to state-level elections reveal the scale of political contributions made by judges during their campaigns.
The range of donations included contributions to Democratic candidates for the New York State Senate and Assembly, party committees and local Democratic clubhouses, including to judges, some of whom served as judges.
The state’s judicial ethics code states that “neither a sitting judge nor a candidate for judicial office shall engage directly or indirectly in any political activity that is not directly related to his or her candidacy.” It also prohibits judges from “engaging in any partisan political activity” or “participating in any political campaign.”
Rep. Jordan urges Congress to ‘defund law enforcement activities’ of Trump prosecutors
Trump accused Marchand of creating a “conflict of interest” by donating $15 to President Joe Biden’s 2016 campaign and $10 to a group called “Stop the Republicans.” Additionally, Marchand’s daughter works for a political campaign consulting firm whose clients include many prominent Democrats, including the Biden campaign.
The New York State Commission on Judicial Conduct reportedly found that Marchan had no conflict of interest but issued a warning about his donations.
The political climate in New York was uncertain, with several appeals court justices supported by opposing parties vying for seats on lower courts.
Appellate Judge Troy Weber first ran for Supreme Court justice on both the Democratic and Republican ticket in 2002 and was elected as a Democrat. He ran as a Democrat in 2016, according to New York state election records. Judge Barbara Kapnick won as a Democrat, Republican and Libertarian candidate in 2001. By 2015, she was running under the Democratic banner only.
Former President Donald Trump headlines the Republican National Committee’s spring donor retreat on May 4, 2024 in Palm Beach, Florida. (Donald Trump 2024 Election Campaign)
President Trump has won some victories at the appeals court in recent appeals, even though some of the justices have sided with Democrats in the past.
Last year, a five-judge panel reduced bail ordered by Judge Arthur Engoron in Trump’s civil real estate fraud trial from $454 million to $175 million.
Judge Friedman temporarily blocked Judge Engoron’s gag order against Trump, and Judge Anil Singh granted a stay of execution and temporarily lifted Judge Engoron’s ban on Trump and his sons, Donald Jr. and Eric, from doing business in New York.
Click here to get the FOX News app
Court observers say there is no evidence that the justices’ personal political views influenced their decisions, but critics say the appearance of a possible conflict of interest is troubling.
The appeals court did not respond to a request for comment from Fox News.
Courtney De George contributed to this report.
