new york court of appeals “nonpolitical merit” appointment & appointees vincent martin...
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New York Court of AppealsNew York Court of Appeals “Nonpolitical Merit” Appointment & “Nonpolitical Merit” Appointment &
AppointeesAppointeesVincent Martin Bonventre, J.D., Ph.D.Vincent Martin Bonventre, J.D., Ph.D.
November 2006November 2006Presentation to the Rockefeller Institute Public Policy ForumPresentation to the Rockefeller Institute Public Policy Forum
The Current CourtThe Current Court (updated (updated Sept. 2006)Sept. 2006)
Judith S. KayeJudith S. Kaye Appointed 1983, Appointed 1983,
Cuomo Cuomo First woman on First woman on
CourtCourt From NYC (born in From NYC (born in
Monticello)Monticello) Appointed Chief Appointed Chief
Judge 1993, Cuomo Judge 1993, Cuomo Current term expires Current term expires
March 2007March 2007 Mandatory age Mandatory age
retirement 2008retirement 2008 (replaced SW (replaced SW
[Cuomo])[Cuomo])
George Bundy Smith George Bundy Smith (retired 2006) (retired 2006)
Appointed 1992, Appointed 1992, CuomoCuomo
From NYC (born New From NYC (born New Orleans)Orleans)
Term expired Sept. Term expired Sept. 20062006
Denied reappointment Denied reappointment by Patakiby Pataki
(mandatory age (mandatory age retirement would have retirement would have been 2007)been 2007)
(replaced FA [Cuomo])(replaced FA [Cuomo])
Carmen Beauchamp Carmen Beauchamp Ciparick Ciparick
Appointed 1994, Appointed 1994, CuomoCuomo
First Hispanic on First Hispanic on CourtCourt
From NYCFrom NYC Current term expires Current term expires
Jan. 2008Jan. 2008 Mandatory age Mandatory age
retirement 2012retirement 2012 (replaced SFH (replaced SFH
[Cuomo])[Cuomo])
Richard C. Wesley Richard C. Wesley (resigned 2003)(resigned 2003)
Appointed 1997, PatakiAppointed 1997, Pataki From LivoniaFrom Livonia
[Rochester area][Rochester area]
(born Canandaigua, (born Canandaigua, New York)New York)
Resigned for 2d Circuit Resigned for 2d Circuit Appointment, 2003Appointment, 2003
(replaced RDS (replaced RDS [Cuomo])[Cuomo])
Albert M. Rosenblatt Albert M. Rosenblatt
Appointed 1998, Appointed 1998, PatakiPataki
From Dutchess From Dutchess County (born NYC)County (born NYC)
Mandatory age Mandatory age retirement 2006retirement 2006
(replaced VJT (replaced VJT [Cuomo])[Cuomo])
Victoria A. Graffeo Victoria A. Graffeo
Appointed 2000, Appointed 2000, PatakiPataki
From Guilderland From Guilderland (born Rockville (born Rockville Center)Center)
Term expires Nov. Term expires Nov. 20142014
Mandatory age Mandatory age retirement 2022retirement 2022
(replaced JWB (replaced JWB [Cuomo])[Cuomo])
Susan P. ReadSusan P. Read
Appointed 2003, Appointed 2003, PatakiPataki
From Capital Region From Capital Region (born Gallipolis, (born Gallipolis, Ohio)Ohio)
Mandatory age Mandatory age retirement 2017retirement 2017
Term expires Jan. Term expires Jan. 20172017
(replaced HL (replaced HL [Cuomo])[Cuomo])
Robert S. Smith Robert S. Smith
Appointed 2003, Appointed 2003, PatakiPataki
From NYCFrom NYC Mandatory age Mandatory age
retirement 2014retirement 2014 (replaced RW (replaced RW
[Pataki])[Pataki])
Hon. Eugene F. Pigott, Hon. Eugene F. Pigott, Jr. Jr.
Appointed 2006, Appointed 2006, PatakiPataki
From Grand Island From Grand Island [Buffalo Metro Area][Buffalo Metro Area]
(born Rochester, (born Rochester, NY)NY)
Mandatory age Mandatory age retirement 2016retirement 2016
(replaced GBS (replaced GBS [Cuomo])[Cuomo])
Court of Appeals: Criminal Law VotingCurrent Court (3 Years)
0
10
20
30
40
50
60
70
80
90
Judge (Pro-Defendant Voting Percent: divided criminal decisions)
Source: Vincent M. Bonventre, Albany Law School 11/06
Pro
-De
fen
da
nt
Vo
tin
g P
erc
en
t
Fall '03 - Spring '06 [3yrs] 81 53 53 43 38 35 15 15
GB Smith ( - '06)
Ciparick KayeRosenblatt
('99 - )COURT
RS Smith ('04 - )
Wesley ('97 - '03)
Graffeo ('01 - )
Read ('03 - )
Court of Appeals: Criminal Law VotingCurrent Court (5 Years)
0
10
20
30
40
50
60
70
80
90
Judge (Pro-Defendant Voting Percent: divided criminal decisions)
Source: Vincent M. Bonventre, Albany Law School 11/06
Pro
-De
fen
da
nt
Vo
tin
g P
erc
en
t
Fall '01 - Spring '03 [2yrs] 67 48 43 24 19 10 10 0
Fall '03 - Spring '06 [3yrs] 81 53 53 43 38 35 15 15
GB Smith ( - '06)
Ciparick KayeRosenblatt
('99 - )COURT
RS Smith ('04 - )
Wesley ('97 - '03)
Graffeo ('01 - )
Read ('03 - )
Court of Appeals: Criminal Law VotingCuomo Court vs Pataki Court
0
10
20
30
40
50
60
70
80
90
Judge (Pro-Defendant Voting Percent: divided criminal decisions)
Source: Vincent M. Bonventre, Albany Law School 11/06
Pro
-De
fen
da
nt
Vo
tin
g P
erc
en
t
CUOMO: '90 & '91 91 48 17 4 26
CUOMO: early K (11/92-5/94) 81 52 63 63 24 13 48
PATAKI: F '01 - S '03 [2yrs] 67 48 43 18 19 24 10 10 0
PATAKI: F '03 - S '06 [3yrs] 81 53 53 38 43 35 15 15
Titone ( - '98)
GB Smith ( - '06)
Ciparick KayeLevine
('93 - '02)Wachtler
( -'92)Bellacosa
( - '00)COURT
Rosenb't ('99 - )
RS Smith ('04 - )
Wesley ('97 - '03)
Graffeo ('01 - )
Read ('03 - )
The ProcessThe Process Background: Background: Wachtler, Fuchsberg, Breitel, Wachtler, Fuchsberg, Breitel,
CareyCarey Commission: Commission: composition, purpose [evaluate, composition, purpose [evaluate,
report, recommend]report, recommend] Applications: Applications: notice, solicitation, applicantsnotice, solicitation, applicants Interviews: Interviews: prelim evaluation, in-person prelim evaluation, in-person
meeting meeting Voting: Voting: ranking/no-ranking, 2/3 support, re-ranking/no-ranking, 2/3 support, re-
voting & winnowing voting & winnowing Findings & Recommendations: Findings & Recommendations: 3-7 3-7
candidates, “report” on “character, temperament, candidates, “report” on “character, temperament, professional aptitude, experience, qualifications professional aptitude, experience, qualifications and fitness”—otherwise entirely confidentialand fitness”—otherwise entirely confidential
The Process The Process cont’dcont’d
Gubernatorial Nomination:Gubernatorial Nomination: limited to list, limited to list, agenda?agenda?
Senatorial Advice & Consent:Senatorial Advice & Consent: committee committee hearing, full senate, “advice” or just consent?hearing, full senate, “advice” or just consent?
Election vs “Nonpolitical Merit” Election vs “Nonpolitical Merit” Appointment: Appointment: Pros / ConsPros / Cons Final Product, ComparisonsFinal Product, Comparisons EssentialsEssentials
Vincent M. Bonventre, 11/06Vincent M. Bonventre, 11/06