Paterson Impressed by Lippman's Creativity, Administrative Skills

In addition, Mr. Paterson said he also was impressed by Justice Lippman’s vision of the role the chief judge should play on the Court of Appeals.

“Lippman, particularly seemed to really understand . . . that as chief judge, it’s not even as much the substantive opinions that you render, but your ability to organize and lead the other judges in the sense of consensus building and respect for individual edict,” said Mr. Paterson, a Hofstra Law School graduate. “I thought that was outstanding.”

Justice Lippman declined to discuss the cases he talked with the governor about. Marissa Shorenstein, a spokeswoman to Mr. Paterson, said the governor was briefed on major speeches and articles Justice Lippman has written about the Court of Appeals and found that those commentaries spoke to how “well versed” Justice Lippman is on Court of Appeals-related law.

Justice Lippman’s supporters generally pointed to his administrative credentials as his strongest suit as he sought the chief judgeship. His experience deciding cases goes back to only 2006, when he was elected to Supreme Court in Westchester County. He also served on the Appellate Term prior to his assignment as First Department presiding justice in 2007 (NYLJ, May 24, 2007).

Mr. Paterson introduced Justice Lippman as the governor’s choice to succeed Judith S. Kaye as chief judge during a news conference at the state Capitol. On hand were the six current members of the Court of Appeals, the presiding Appellate Division justices, top court administrators, retired judges, bar association representatives, legislative leaders and Judge Kaye herself.

A ‘Good Partner’

Justice Lippman, 63, thanked the current members of the Court of Appeals for attending and said, “Nothing will give me more pleasure than to sit with them in that magnificent building on Eagle Street.”

“And I look forward to fostering the vitality and strength of the judiciary as an independent, co-equal and accountable branch of government that is also a good partner in government with our legislative and executive branches, particularly during these difficult fiscal times,” Justice Lippman said.

In brief remarks, Judge Kaye praised Justice Lippman and also Mr. Paterson, whom the former chief judge said had a “difficult” choice to make from the list of candidates sent him by the Commission on Judicial nomination.

Mr. Lippman’s childhood friend Sheldon Silver, the speaker of the state Assembly, recounted his boyhood with Justice Lippman their families on Grand Street on the Lower East Side of Manhattan. Mr. Silver recalled that he and Mr. Lippman were bar mitzvahed in the same synagogue and both worked as law secretaries in state Supreme Court early in their legal careers.

“He’s now in New York’s top judicial post and I am usually on the top pages of the New York Post,” Mr. Silver, D-Manhattan, quipped.

When it came time for him to speak, Mr. Lippman looked at Mr. Silver and said, “Two kids from the Lower East Side – not too shabby.”

Selection Changes Promised

Mr. Paterson reiterated his view that the all-male list sent him by the Commission on Judicial Nomination was not diverse enough and that he would propose changes in commission procedures. The next foreseeable opening on the Court of Appeals is not before the end of 2012, when Judge Carmen Beauchamp Ciparick will reach the court’s mandatory age limit of 70.

The governor did not disclose the specific changes he would propose.

The other candidates on the commission list for Judge Kaye’s opening were Court of Appeals Judges Theodore T. Jones Jr. and Eugene F. Pigott Jr., Second Department Justice Steven W. Fisher and private practitioners George F. Carpinello of Boies, Schiller & Flexner in Albany, Evan A. Davis of Cleary Gottlieb Steen & Hamilton and Peter L. Zimroth of Arnold & Porter.

Mr. Paterson said that one counsel from his office was assigned to each of the seven candidates and told to compile data on their careers and qualifications. The counsels then reviewed the reports among themselves and rated the candidates.

Justice Lippman was either the first or the second choice of all the counsels, Mr. Paterson said.

Mr. Paterson then interviewed all seven candidates in sessions also attended by Peter Kiernan, Mr. Paterson’s counsel.

The governor said he interviewed Justice Lippman and three remaining candidates on Monday.

After taking a night to sleep on his decision, Mr. Paterson said he came into work on Tuesday intent on submitting Justice Lippman’s name to the state Senate.

Mr. Paterson said he believed all seven candidates could serve capably on the Court of Appeals, including the three private practitioners. But he said he was less convinced of the private practitioners’ abilities to handle the administrative duties of being chief judge.

“I don’t know if I necessarily would have been persuaded that they should be chief judge,” Mr. Paterson said.

In addition to leading the Court of Appeals, the chief judge is also the chief administrative judge of the New York state court system. The system has a $2.5 billion annual budget, 1,300 judges and 16,500 non-judicial employees.

Senate confirmation is considered a formality. The leader of the chamber’s new Democratic majority, Malcolm Smith, D-Queens, appeared at Justice Lippman’s news conference yesterday and called him a “fine selection” as chief judge.

However, the new chairman of the Judiciary Committee in the state Senate, John Sampson, D-Brooklyn, said this week he will not bring Justice Lippman’s nomination before his committee until it holds hearings on the Commission on Judicial Nomination selection process. Mr. Sampson said he would like to hold those hearings within two weeks.

Meanwhile, Judge Ciparick remains as acting chief judge, and the delay is not anticipated to create any problems for the Court.

Judges’ Pay Fight

In his remarks to those gathered for his news conference and in later answers to reporters’ questions, Justice Lippman gave some hints at his agenda as chief judge:

• He pledged to continue the judiciary’s fight to get the Legislature and the governor to approve the first pay raise for state judges since 1999. Justice Lippman said finding “a solution to the judicial salary problem that is so fundamental to the well-being of our judicial branch” is “absolutely critical.”

He was less clear about whether he would pursue Kaye v. Silver, the litigation filed by Judge Kaye in 2008 to force the Legislature and governor to give judges a pay raise.

“The lawsuit exists,” Justice Lippman said. “It is moving through the court system and I don’t think it would be appropriate for me to be talking at this point in time, particularly pending Senate confirmation, about the ultimate fate of that lawsuit.”

The suit is before Manhattan state Supreme Court Justice Edward H. Lehner (See Proflie).

• If confirmed by the Senate, Justice Lippman said he has “every intention” of reappointing Ann Pfau as chief administrative judge. Judge Pfau became administrative judge in 2007 after Justice Lippman was named First Department presiding justice by then-Governor Eliot Spitzer.

• He said he would encourage the voluntary consolidations of town and village courts as recommended by a task force formed by Judge Kaye (NYLJ, Sept. 18, 2008).

Justice Lippman’s remarks at the news conference were interrupted for about five minutes when his wife Amy, standing behind him, fainted.

“Amy is fine, she’s conscious,” Mr. Paterson said, returning to the news conference after Ms. Lippman was taken into his office. “That’s her usual reaction when Jonathan is speaking.”

Ms. Lippman later returned to listen to her husband take questions from reporters and said she was fine.

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