Like all other governmental
agencies in New York, the judicial system is feeling the budget crunch. New York's judiciary has many unique attributes,
functions and dysfunctions.
Imprimis, the tribunals
designated as the "Supreme Court" are in fact the LOWEST courts of
general jurisdiction, a nomenclatural quirk that confuses those who learned the
law in a school outside of the state.
There is one in every county.
Justices of the Supreme
Courts (plural used intentionally) are elected for 14-year terms. But there is another side-door ladder to the
Supreme Court bench -- Appointment by the Governor as an Acting Supreme Court
Justice. This appointment is almost
always of a judge from a lower court, who almost always continues to hear cases
on the lower court bench. And, in case
you were wondering, appointment as an Acting Justice entitles one to the salary
of a Supreme Court Justice, which is higher than the salaries of the lower
court benches.
Statistics: There are now 328 elected Supreme Court
justices in the various counties of New York, and 329 Acting Supreme Court
Justices.
Elevation to Acting Supreme
Court status has long been criticized, especially by those lower court judges
(County Court, City Court, New York City Civil Court, New York City Criminal
Court, et cetera) who have not been so appointed, as political plums given to
party favorites. And there is evidence
that some of those so appointed technically do not qualify.
So now, New York's Chief
Administrative Judge A.
Gail Prudenti has begun
an initiative to "weed out judges who are technically ineligible for
or not needed in Supreme Court" in order to deal with cutbacks to the
judiciary's budget. She intends to
develop a protocols and practices for the appointment of Acting Supreme Court
Justices, ostensibly to save money and to rid the judiciary of political taint
in the matter.
I happen to respect Gail's
legal and administrative abilities, and do not wish to in any way detract from
them. But it ought be noted that Gail
Prudenti is a political apparatchik by birth.
Her father was a county party chairman, and she herself has
been known to make some political placements when she was the Judge of the
Surrogate's Court back in 1996. As an
official New York State Taxpayer, I am pleased to no end that Gail seeks to tighten
the belt of the judiciary. I do believe
that she wishes to faithfully discharge the duties of her office by finding
some genuine dollar savings for the people of New York.
I remain unconvinced,
however, that Gail truly intends to totally end the use of Acting Supreme Court
Justice designations as political plums.
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