Judge assigned to redistricting case has deep ties to Hochul, Stewart-Cousins

The judge assigned to a new lawsuit aiming to redraw New York’s 11th Congressional District previously represented state Senate Majority Leader Andrea Stewart-Cousins in her first two contentious elections and worked as special counsel to Gov. Kathy Hochul. 

After four Staten Island residents sued New York officials, claiming the current 11th Congressional District illegally dilutes the voting power of Black and Latino residents, the case quickly was assigned to Justice Jeffrey Pearlman. Appointed to the Court of Claims by Hochul in 2024, Pearlman has served as an acting Supreme Court justice during his time on the bench so far. 

Pearlman is an experienced election lawyer and has been assigned several election law cases in the past year. According to Jeff Wice, a professor at New York Law school and redistricting expert, said many judges who hear redistricting cases are not subject matter experts, which sets Pearlman apart. “It’s actually good to know someone with expertise and knowledge is handling this case,” Wice told City & State, expressing confidence in Pearlman’s ability to hear the case.

But Pearlman’s history with two of the named defendants in the new redistricting case could create the appearance of a conflict of interest and lead to calls for him to recuse himself from hearing the case.

Pearlman represented Stewart-Cousins in her first race against former state Sen. Nick Spano in 2004. The fight for the seat lasted weeks after Election Day as lawyers for both campaigns argued over ballots in the razor thin race. Spano won that year by just eight votes. Pearlman returned as Stewart-Cousins’ election lawyer two years later in her successful bid to unseat Spano.

Several years later, Pearlman found himself working for Stewart-Cousins again, when he became chief of staff for the state Senate Minority Conference in 2014. He held that role for a year, before shifting over to work for Hochul, then the lieutenant governor, as her chief of staff and counsel. Pearlman stayed in that position for close to two years. 

After Hochul was elevated to governor in 2021, she appointed Pearlman to be her special counsel and assist with her transition. Pearlman remained with the governor for a year, departing in 2022. Two years after that, Hochul nominated him to serve on the Court of Claims, which hears lawsuits against the state, and the state Senate quickly confirmed him.

Democratic bias in the court when it comes to redistricting emerged as a key criticism during the earlier redistricting fights between 2021 and 2023. In particular, Republicans accused Democrats of tanking Hochul’s original, more conservative nominee to lead the state’s top court in favor of a liberal judge more likely to rule favorably in the case that ultimately allowed Democrats to draw new congressional lines in 2024. 

This latest lawsuit is no less political. Republican-led states have begun to redraw their congressional lines mid-cycle in order to create more reliable GOP seats and protect their control of the House. Some Democrat-led states have responded in kind with attempts to draw districts more favorable to their party. But Democrats’ hands are largely tied, with state law and the state constitution prohibiting redistricting in non-census years unless through court order. The lawsuit brought by the four Staten Island voters is Democrats’ only shot to redraw at least one Republican district before next year’s elections, as changing the state constitution to permit mid-decade redistricting would take several years.

Despite the obstacles, Hochul has emerged as a strong proponent of trying to redraw New York’s congressional districts to combat efforts from Republicans, including by eliminating the bipartisan commission tasked with redistricting. “I'm tired of fighting this fight with my hand tied behind my back,” she said over the summer when Democrats protesting Texas’ redrawn map visited New York.

Jerrel Harvey, a spokesperson for Hochul, said that the governor “has full confidence that all proceedings will be handled independently through the legal process.” A spokesperson for Stewart-Cousins did not immediately return requests for comment, nor did Pearlman’s law clerk.