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The Current Court (updated Sept. 2006)

COURT OF APPEALS DEVELOPMENTS The Pataki Court Vincent Martin Bonventre, J.D., Ph.D. Legislative CLE, December 14, 2006. The Current Court (updated Sept. 2006). Judith S. Kaye. Appointed 1983, Cuomo (replaced JF [elect]) First woman on Court From NYC (born in Monticello)

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The Current Court (updated Sept. 2006)

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  1. COURT OF APPEALS DEVELOPMENTSThe Pataki CourtVincent Martin Bonventre, J.D., Ph.D.Legislative CLE, December 14, 2006

  2. The Current Court(updated Sept. 2006)

  3. Judith S. Kaye • Appointed 1983, Cuomo (replaced JF [elect]) • First woman on Court • From NYC (born in Monticello) • Appointed Chief Judge 1993, Cuomo (replaced SW [Cuomo]) • Current term expires March 2007 • Mandatory age retirement 2008

  4. George Bundy Smith (retired 2006) • Appointed 1992, Cuomo (replaced FA [Cuomo]) • From NYC (born New Orleans) • Term expired Sept. 2006 • Denied reappointment by Pataki • (mandatory age retirement would have been 2007)

  5. Carmen Beauchamp Ciparick • Appointed 1994, Cuomo (replaced SFH [Cuomo]) • First Hispanic on Court • From NYC • Current term expires Jan. 2008 • Mandatory age retirement 2012

  6. Richard C. Wesley (resigned 2003) • Appointed 1997, Pataki (replaced RDS [Cuomo]) • From Livonia [Rochester area] (born Canandaigua, New York) • Resigned for 2d Circuit Appointment, 2003

  7. Albert M. Rosenblatt • Appointed 1998, Pataki (replaced VJT [Cuomo]) • From Dutchess County (born NYC) • Mandatory age retirement 2006

  8. Victoria A. Graffeo • Appointed 2000, Pataki (replaced JWB [Cuomo]) • From Guilderland (born Rockville Center) • Term expires Nov. 2014 • Mandatory age retirement 2022

  9. Susan P. Read • Appointed 2003, Pataki (replaced HL [Cuomo]) • From Capital Region (born Gallipolis, Ohio) • Mandatory age retirement 2017 • Term expires Jan. 2017

  10. Robert S. Smith • Appointed 2003, Pataki (replaced RW [Pataki]) • From NYC • Mandatory age retirement 2014

  11. Hon. Eugene F. Pigott, Jr. • Appointed 2006, Pataki (replaced GBS [Cuomo]) • From Grand Island [Buffalo Metro Area] (born Rochester, NY) • Mandatory age retirement 2016

  12. The Process • Background: Wachtler, Fuchsberg, Breitel, Carey • Commission: composition, purpose [evaluate, report, recommend] • Applications: notice, solicitation, applicants • Interviews: prelim evaluation, in-person meeting Vincent M. Bonventre, 12/06

  13. The Process cont’d • Voting: ranking/no-ranking, 2/3 support, re-voting & winnowing • Findings & Recommendations: 3-7 candidates “report” on “character, temperament, professional aptitude, experience, qualifications and fitness” —otherwise entirely confidential Vincent M. Bonventre, 12/06

  14. The Process cont’d • Gubernatorial Nomination: limited to list, agenda? • Senatorial Advice & Consent: committee hearing, full senate, “advice” or just consent? Vincent M. Bonventre, 12/06

  15. The Process cont’d • Election vs “Nonpolitical Merit” Appointment: • Pros / Cons • Final Product, Comparisons • Essentials Vincent M. Bonventre, 12/06

  16. Court of AppealsMaking of the Pataki Court Voting and Decisional Patterns in Criminal Cases: From Cuomo thru Pataki Vincent Martin Bonventre, J.D., Ph.D. December 2006

  17. Late Wachtler – Early KayeAll Cuomo Court • Late Wachtler era Pro-prosecution record Wachtler/Bellacosa v. Kaye/Titone • Post-Wachtler – Early Kaye Pro-defendant swing Wachtler Court – Kaye Court transition

  18. Emerging Kaye CourtAll Cuomo Court • Reprise Late Wachtler Early Kaye • Emerging Kaye Court Pro-defendant swing persists Kaye/Titone/G.B. Smith/Ciparick “liberal” majority

  19. Cuomo to Pataki Transition • Reprise Post-Wachtler / Early Kaye Emerging Kaye Court • Post Court-Bashing Pro-prosecution “adjustment” Kaye/Ciparick voting shift

  20. Trending-Pataki Court • Reprise Emerging Kaye Court Post Court-bashing • Pataki’s Increasing Impact Kaye/Ciparick shift persists Pataki’s appointees: Simons to Wesley Titone to Rosenblatt Bellacosa to Graffeo Court’s pro-prosecution record • [But] Rosenblatt: the “non” Pataki appointee ?

  21. Pataki’s Court ? • Reprise Pataki’s Increasing Impact: “Bashing” + Appointments Pataki’s Majority? Titone to Rosenblatt, Bellacosa to Graffeo Levine to Read, [Simons to] Wesley to R.S. Smith • Court Re-Adjustment Kaye/Ciparick Re-shift Pataki’s Judges: Wesley, Graffeo, Read, and (?) R.S. Smith “Non” Pataki Judge: Rosenblatt Court’s Pro-defendant Swing Back (?)

  22. The 2006 Court • Re-Emerging Pro-defendant Wing G.B. Smith, Kaye & Ciparick • Solid Pro-prosecution Votes Graffeo & Read • The Less Predictable R.S. Smith • Rosenblatt in the Center • An Unmistakable Spectrum G.B. Smith/Kaye/Ciparick Graffeo/Read Rosenblatt/R.S. Smith ?? G.B. Smith Replaced by Pigott??

  23. The Current Court(updated Sept. 2006)

  24. Future CourtSpitzer’s Opportunities ? • Rosenblatt Replacement, Jan. 2007 • Kaye Reappointment/Replacement, March 2007 • Mandatory Retirement, 2008 • Ciparick Reappoint./Replacement, Jan. 2008 • Mandatory Retirement, 2012 • Graffeo Reappoint./Replacement, Nov. 2014 • Mandatory Retirement, 2022 • R.S. Smith Mandatory Retirement, 2014 • Pigott Mandatory Retirement, 2016 • Read Reappointment/Replacement Jan. 2017 • Mandatory Retirement, 2017

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