Judging the judge

In tapping a new chief judge for the state’s highest court, Gov. Cuomo had seven solid contenders from which to choose. This time, unlike in previous bench-selection rounds, there were Republicans, not just Democrats. Prosecutors, not just Legal Aid types. Litigators, not just academics.

In picking former judge and Westchester County District Attorney Janet DiFiore, Cuomo has settled on an experienced hand in penal law with a strong background in running a big office. The first is crucial for a court short on criminal law expertise. The second is essential, as the chief judge oversees the entire state judiciary system, with 1,300 judges. Just one caveat. DiFiore was Cuomo’s pick to be the first chair of the Joint Commission on Public Ethics, the lame watchdog birthed in December 2011 that’s failed miserably to root out corruption ever since. DiFiore quit JCOPE in April 2013 after only 16 months.

She can’t be held to account for the office’s built-in deficiencies, which Cuomo unwisely accepted from legislative leaders Sheldon Silver and Dean Skelos.

But in state Senate confirmation hearings, DiFiore must answer for her propensity for closeddoor dealings on the panel. And she must explain why the agency probed sexual harassment charges against late ex-Assemblyman Vito Lopez — but not how Silver used tax dollars to hush them up.

The courts must be open. And they must also be wholly independent from the executive branch.