NY Attorney General's Seat May Not Change Hands Soon

NEW YORK, NY — New York's top law enforcement job may not change hands any time soon despite the political scramble to permanently replace former Attorney General Eric Schneiderman. Several influential figures — including some potential candidates for the seat — say Acting Attorney General Barbara Underwood should stay in charge until voters elect a new AG in November.

"She would provide continuity and stability and gravitas and credibility until the democratic process unfolds through a open and clear election in the fall," Preet Bharara, the high-profile former U.S. attorney in Manhattan, said on a new episode of his podcast, "Stay Tuned."

Underwood, who served as the state's solicitor general for more than a decade, told the New York Daily News she plans to appeal to the state Legislature to stay in her post. She officially took over Tuesday after Schneiderman resigned in the wake of allegations that he abused four women.

The state Assembly and Senate have the power to appoint an interim attorney general in a joint session, a process Assembly Democrats would dominate. A committee of lawmakers from both parties is set to interview candidates next week before the vote.

"I would be very happy to hold this job until the end of the year," Underwood told the Daily News. "I think that would probably be the best way to keep the work of the office on track."

A long list of potential attorney general candidates has emerged since The New Yorker first reported the accusations against Schneiderman on Monday.

The New York Post reported Wednesday that one, Public Advocate Letitia James, had secured enough votes from state lawmakers to lock up an appointment. But Assembly Speaker Carl Heastie (D-Bronx) firmly deniedthat they'd settled on any one candidate.

"We will follow constitution & conduct open process to vet AG applicants, including Acting AG Barbara Underwood," Heastie said in a tweet Thursday. "We will not ignore our constitutional responsibilities."

Other names have fallen off the list in recent days. Assemblywoman Helene Weinstein (D-Brooklyn), the chamber's longest-serving woman, reportedly said Tuesday that she doesn't want the job. And Nassau County District Attorney Madeline Singas pledged not to seek the appointment or run for AG after Gov. Andrew Cuomo named her a special prosecutor to investigate the allegations against Schneiderman.

But some of those who are interested in the job want Underwood to stay put for now.

Bharara didn't rule out a run for attorney general, but said he wouldn't participate in a legislative appointment process that has "the look and feel of a backroom deal." He urged lawmakers to avoid a "dog and pony show" and keep Underwood in place.

Law professor and onetime gubernatorial candidate Zephyr Teachout, who is considering a bid, said she also wouldn't seek the appointment and that other candidates should do the same.

"The legislature in Albany doesn't have a great track record when it comes to corruption, both legal and illegal, and it should rise above the temptations of flexing power in this moment, to preserve the dignity of the AG's office," Teachout tweeted.

This fall's election is likely to produce a crowded Democratic primary for attorney general as candidates vie for the open seat.

But Cuomo, a Democrat seeking re-election himself this year, said he doesn't see "an urgency to getting someone in the office."

"She (Underwood) says she would like to stay and she believes she is competent. I agree with her," Cuomo said at a news conference Thursday.

(Lead image: Acting Attorney General Barbara Underwood took over Tuesday after Eric Schneiderman's resignation. Photo from New York Attorney General/Flickr)