Judge Jenny Rivera.
State Court of Appeals Judge Jenny Rivera is expected to participate in oral arguments remotely Tuesday after refusing to report her vaccination status or apply for an exemption to the court system's vaccine mandate, a source with knowledge of the matter told the Law Journal.
Chief Judge Janet DiFiore's administration set a Sept. 27 deadline for all judges to get vaccinated or get approved for an exemption. But Rivera has not reported whether she's vaccinated and has not applied for a medical or religious vaccine exemption from getting the shot, the source said.
The source said it's unclear why Rivera is not complying with the vaccination policy. Rivera declined to comment Tuesday.
Rivera is the longest-serving current judge on the state's highest court and a key member of the bench's liberal wing.
Rivera appeared in person at the court weeks ago for oral arguments but was seated apart from the other judges. The other judges sat together on the bench while Rivera sat alone at a table in front.
At times earlier in the pandemic, four judges would sit on the bench while three would occupy the front table.
Lucian Chalfen, a court system spokesman, said there is only one state-paid judge in New York that is not in compliance with the court system's vaccine mandate.
Gary Spencer, a Court of Appeals spokesman, confirmed Rivera would be taking part in arguments remotely. Spencer declined to comment on Rivera's vaccination status.
"We don't discuss the personal health information of anyone," Spencer said.
Last month, Chief Administrative Judge Lawrence Marks outlined the court system's vaccination policy for judges in a memorandum, including that they could ask for religious or medical exemptions to the mandate. It's unclear if Rivera might face any consequences for refusing to comply with the mandate.
Ryan Tarinelli
Ryan Tarinelli is a reporter at the New York Law Journal. He is based at the New York State Capitol in Albany, New York. He can be reached through email at [email protected]. Follow him on Twitter: @ryantarinelli.