Criminal justice reform group asks Hochul to replace judge known for imposing excessive sentences

Criminal justice reform advocates who played a large role in orchestrating the campaign against Gov. Kathy Hochul’s first pick for chief justice of the Court of Appeals have a new target. The Center for Community Alternatives is calling on the governor to nominate a replacement for Justice M. William Boller – a judge on the Court of Claims who also serves as an acting Supreme Court justice – citing his record of imposing excessive sentences on criminal defendants. They are also urging Hochul not to nominate him to the position of interim Supreme Court justice, a technical move that would permit Boller to continue serving on the bench even after he reaches the mandatory retirement age in two years.

The Center for Community Alternatives sent a letter to Hochul last week expressing their concern over Boller and his record. The group cited the governor’s State of the State speech from last year, when Hochul discussed the need for a strong judiciary branch and her commitment to “transform” the state’s courts to better serve New Yorkers. “A nomination of Justice Boller to the Supreme Court would be contrary to your own aspirations for the judiciary and a setback for justice in New York,” the letter reads. “We therefore respectfully urge you to act in accordance with your commitment to a judiciary that is fair and accountable and that truly serves all New Yorkers.”

First nominated to the Court of Claims in 2006, Boller’s most recent term expires this year. The Center for Community Alternatives said that Hochul should only renominate judges “whose records inspire confidence and demonstrate sound judgment, exceptional integrity, and steadfast commitment to fairness.” But even if he doesn’t receive a new nomination from Hochul, judges on the Court of Claims – which hears cases brought against the state – can continue serving in an indefinite holdover status. And since 2006, Boller has been an acting Supreme Court justice, one of many judges who technically hold a position on one bench but receive an administration transfer to accommodate for a shortage of justices on New York’s trial court. 

Hochul could nominate Boller for another term on the Court of Claims or simply allow him to continue serving as a holdover. She could also appoint him to be an interim Supreme Court justice, formally shifting him from the Court of Claims to the Supreme Court. While this would not change Boller’s day-to-day activities, the change in title would permit the judge to get certificated to continue serving past the mandatory retirement age of 70 every two years until he turns 76. The process is only allowed for justices on the Supreme Court, so Boller would not qualify for certification if he only remains on the Court of Claims.

The Center for Community Alternatives used a new database from the judicial watchdog group Scrutinize to lay out what they say is a troubling judicial track record from Boller that doesn’t warrant his renomination. The group cited a history of excessive sentencing that required action by higher courts. According to Scrutinize, Boller has had sentences he imposed following a criminal trial reduced “in the interest of justice” four times, a rate higher than nearly 99% of his fellow judges statewide. In total, appellate judges took 50 years off of sentences Boller imposed, per the database. 

The letter includes other instances that did not make it into the Scrutinize dataset. One case involved a legal error with sentencing, so even though Appellate Division judges determined the sentencing excessive and reduced it, it was not part of the watchdog analysis. The Center for Community Alternatives also included four cases where the defendant pleaded guilty and the Appellate Division found the sentences imposed by Boller to be “unduly harsh.” Additionally, the criminal justice reform group cited over a dozen sentencing decisions by Boller that a higher court ruled to be illegal, requiring full or partial resentencing. 

The Center for Community Alternatives have targeted a number of judges whose records they considered problematic, with varying degrees of success. Their first target was now-Court of Appeals Judge Madeline Singas, whom then-Gov. Andrew Cuomo nominated to the state’s highest court in 2021. The group and its allies ultimately could not block her confirmation. But a few years later, they did succeed in blocking Justice Hector LaSalle from becoming the state’s chief judge, a historic first and a significant loss for Hochul. 

Since then, the Center for Community Alternatives tried unsuccessfully to prevent Hochul from appointing Justice Laura Ward to be an interim Supreme Court justice in her final year on the bench before mandatory retirement. She is still serving in the position despite her term technically expiring at the end of last year due to her reaching the age of 70.