In Our Opinion...

At Last, Something To Feel Good About In The NYS Court System

Last week Governor Spitzer announced a purely political appointment of someone We have never felt too good about, and yet we felt good about the appointment. The governor’s press release reported the appointment of Judge Jonathan Lippman to be the Presiding Judge of the Appellate Division, First Department, State Supreme Court. In actuality, the appointment was a step down, given the fact that Lippman was the Chief Administrative Judge of the entire New York State Court System, a position second only to Chief Judge Judith Kaye.

Nevertheless, it was a welcome reassignment, from Lippman’s point of view, as it was clearly intended to groom him to take over the seat Kaye is only keeping warm for a little more than a year, until her 70th birthday. From where we stand, she’s done little more than keeping that seat warm for the last thirteen years, anyway. But that’s another issue.

In making the appointment, Spitzer said, “Throughout his long career, Justice Lippman has displayed the strength of character and profound respect for the rule of law that make him an outstanding choice for this position.”

Nothing could be further from the truth. Lippman was appointed Chief Administrative Judge in 1996, while sitting on the Court of Claims, the state’s notorious repository for political has-beens.

Two years ago, realizing that he would have to get elected to the State Supreme Court in order to align himself in time to inherit the mantle from Judith Kaye, but realizing as well that election to the Supremes in the Ninth Judicial District as a Democrat, historically wasn’t a given, he entered into a conspiracy with Judge Joseph Alessandro. Alessandro, a Republican Westchester County Court Judge had run for the Supremes the year before, and failed.

Alessandro’s failure, even as a Republican, wasn’t without good cause. When he first ran for County Court, a couple of years earlier, his signs read, “Experience Counts.” The fact was he had no experience. He was a lawyer who never attended law school, and whose legal experience was limited to real estate. The Judiciary
Committee on Credentials had labeled him “Unqualified.” Worse yet, Barbara Battista, the woman who had loaned him $260,000 to run for office, and who served as his campaign treasurer, was suing him for defrauding her by manipulating her lien off of the house he had offered her as collateral on the loan. Furthermore, it was widely suspected that Joe Alessandro wasn’t a Westchester resident, but in fact, continued to reside in the Morris Park section of the Bronx.

Despite all of the above, Jonathan Lippman conspired with Alessandro to cross endorse each other, perverting the electoral process, thus insuring their election.

“Strength of character,” and “profound respect for the rule of law;” We think not! So, why are We feeling so good about Lippman’s appointment? We are gratified because Judge Ann T. Pfau will now be the Chief Administrative Judge Jonathan Lippman never was. She was most actively involved in overseeing the recent corruption probes in the Brooklyn Courts which produced indictments and convictions, notable among them Supreme Court Justice Gerald P. Garson, who sat in the Matrimonial Part, and who was convicted of three felony counts, having accepted cash, and gifts in exchange for decisions favorable to particular litigants.

Sources in Albany believe that Judge Pfau’s elevation to Chief Administrative Judge comes with Eliot Spitzer’s and Andrew Cuomo’s blessings, not to mention Good Government and Court Reform groups throughout the state.

Some observers have speculated that Judith Kaye, increasingly concerned about her legacy, as well she ought to be, also welcomes Judge Pfau’s elevation at this time.