(Luis Cornelio, Headline USA) A New York judge on Friday ordered Gov. Kathy Hochul and Attorney General Letitia James to respond to a legal challenge seeking to disqualify James as special prosecutor in the Cornell sex scandal probe.
Acting Supreme Court Justice James R. Farrell issued the order in response to a lawsuit filed by Gillio Lopes, one of seven current and former Cornell students accused of sexual assault in a high-profile civil lawsuit.
Legal commentators and attorneys on social media said the order was a major development in favor of Lopes and the accused individuals because it suggests that Farrell sees potential merit in their arguments against James.
Echoing those remarks, Lopes’s attorney, Andrew Miltenberg, described the move as an “important development” in remarks to Los Angeles Magazine.
He added that the order allows the court “to consider our concerns directly and ensures that the issues we raised will receive a full and fair hearing.”
Miltenberg also said that the order was “the procedural step we sought, and we welcome the opportunity to present our arguments.”
BREAKING, CORNELL SEVEN: A New York judge has signed an order requiring Gov. Kathy Hochul and AG Letitia James to RESPOND to defendant Gillio Lopes's legal challenge seeking to REMOVE James as special prosecutor. Acting Supreme Court Justice James R. Farrell has scheduled oral… pic.twitter.com/eZjBZS4AWu
— Lauren Conlin (@conlin_lauren) October 9, 2026
Hochul’s Oct. 1 appointment of James as special prosecutor grants the leftist attorney general broad prosecutorial powers in the Cornell case, including the authority to issue subpoenas, convene grand juries and seek criminal indictments. In New York, such powers are vested in local district attorneys.
But James’s appointment came just three days after she publicly voiced support for “Jane Doe,” the former Cornell student making the sexual abuse allegations.
James specifically wrote on Sept. 28 via Facebook: “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”
The post raised concerns about whether James could maintain the impartiality expected of a special prosecutor.
James’s appointment came weeks after “Jane Doe” filed a high-profile civil lawsuit against Cornell University, several fraternities and sororities, and seven current and former students.
Doe claimed that she was sexually assaulted by the men in 2024. Attorneys for the men categorically rejected the accusations, with some arguing that the sexual encounters were consensual. The attorneys also pointed to reports that Doe willingly used drugs and alcohol and agreed to a threesome with two of the men she now accuses of sexual assault. Some of the other individuals deny ever touching Jane Doe.
Farrell gave Hochul until Oct. 29 to respond to Lopes’s demands that James’s appointment be voided and that Hochul appoint a special prosecutor who is “free from actual or perceived conflicts of interest or bias against” the petitioner and the other individuals in the civil case.
