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Chief
Judge Kaye Reconfirmed By Mark Johnson ALBANY, N.Y. (AP) — Several Republican senators on Tuesday declined to approve Chief Judge Judith Kaye's nomination to continue as the state's top judge citing concerns over rulings about school funding and the death penalty. Still, Kaye was overwhelmingly approved by the Republican-led state Senate in a voice vote. Kaye can serve until the end of 2008, the year in which she turns 70. "Judge Kaye has presided over the court with dignity, grace, integrity, passion and intelligence for 14 years," said state Sen. John Bonacic. "Interpreting the statutes made by any legislature can certainly be a challenge. ... Judge Kaye has done this with skill and savvy, recognizing the constitutional principles our founders laid and applied them to our laws today." Sens George Maziarz of Niagara County and Stephen Saland of Poughkeepsie voiced opposition to Kaye during debate on her nomination in the full Senate and voted no on her nomination. Sen. Andrew Lanza of Staten Island earlier in the day also voted no in committee on moving Kaye's nomination to the floor for a vote. The "no" votes were rare for a body that often approves the governor's judicial nominees unanimously.Kaye was appointed chief judge by Gov. Mario Cuomo in 1993. She was the state's first female chief and the first woman to serve on the Court of Appeals. Cuomo first appointed her as an associate judge of the court in September 1983. She is the longest serving chief judge in state history, outlasting Chief Judge Sanford Church, who served from 1870 to 1880. Maziarz said the Court of Appeals decision vacating the death sentence of James Cahill in 2003 as reason to oppose Kaye. The ruling was one of several by the court that left the state's death penalty statute in limbo. Cahill, who was convicted of first-degree murder in 1998 for poisoning his wife Jill to death with potassium cyanide. She was in a hospital at the time, recuperating from a severe beating Cahill inflicted on her six months earlier with a baseball bat at their home near Syracuse. "She has no compassion for crime victims in New York state," Maziarz said. "Her decision in overturning the death penalty, particularly in the case of Jill Cahill, was just her putting her personal opinion before what the law was and what the governor signed." Saland said he found Kaye's opinions in the Campaign for Fiscal Equity case "troubling." In 2003, Kaye wrote the majority opinion in the landmark case that found the state's education funding system was unconstitutional because it did not provide New York City schoolchildren with a "sound, basic education." The court ordered the state to spend billions of dollars more on education. Many Republicans, including former Gov. George Pataki, argued funding decisions are only to be made by the executive and legislative branches of government, not the judiciary. "She is an extremely decent person with an exemplary sense of social consciousness, but I like judges to try to stick to the law and exercise judicial restraint," Saland told The Associated Press. "If I was looking for a 213th legislator, I would seek to amend the constitution." Kaye said after her confirmation hearing Tuesday morning that she and her fellow judges always take the Legislature's wishes into account when making decisions. "We are very mindful of the roles of the different branches of government," Kaye said. "I can't tell you the number of times ... we talk about the intent of the legislature when a statute is an issue. That rises to the top of our list. We are very mindful of our role and the role of the Legislature." Split Associated Press -- ALBANY - Several Republican state senators declined to OK Chief Judge Judith Kaye's nomination to remain the state's top judge, citing concerns on school-funding and death-penalty rulings. Still, she was overwhelmingly approved by the GOP-led body. The "no" votes were rare as the Senate often approves the governor's judicial nominees unanimously. Kaye, the first female chief, was appointed by Gov. Mario Cuomo in 1993.
ALBANY — The state Senate Tuesday confirmed Judith Kaye for another term as New York's chief judge, making her the only jurist ever reappointed to the post. Technically, Kaye's appointment is for 14 years. But she will be able to serve just 21 months. Kaye will turn 70 years old, the mandatory retirement age for judges, in 2008 and must step down on Dec. 31 of that year.Kaye has been on the state Court of Appeals since 1983 and the chief judge since 1993. By the time she steps down, the Democrat will have logged more than 25 years, giving her the second-longest tenure on the state's top court, according to court officials, bested only by Stanley H. Fuld who served from 1946 to 1973 and Charles Desmond, 1940-1966. Kaye years ago became the longest-tenured chief judge, surpassing Sanford Church who held the post for just over 10 years ending in 1880. Court of Appeals slots were filled by a combination of elections and appointments until the 1970s, when the state switched to 14-year appointments exclusively. (The modern era of the court is considered to have begun in 1847.) Though considered one of the more liberal members of the seven-member court, Kaye has not pushed the court toward the left during her tenure, analysts say. In fact, the court has been known for its moderation and its tendency to not overreach in handing down decisions. At her confirmation hearing, senators praised Kaye's "dignity" and "thoughtfulness" and her administrative efforts to change jury selection and specialize venues dealing with drug crimes and family/domestic-violence issues. But they also grilled her about some of the key cases of her tenure, including the death penalty and the landmark school funding case. Perhaps the testiest exchange focused on the latter, when Senate Education Committee Chairman Stephen Saland, R-Poughkeepsie, essentially accused the court of overstepping its powers. The court ruled in 2003 that the state had shortchanged New York City schools and ordered the state to pump billions of dollars into the system. "I'm very troubled when I view the court, your court or any other court, usurping the legislative function even if for perfectly desirable social ends," Saland said. "I don't think the ends justifies the means ... and I would appeal for some sort of judicial restraint." "I would agree with you," Kaye quickly shot back. "It would be terrible if we usurped the legislative function based on preconceived philosophy or political end. I cannot agree that the court does that or that I do that." Saland voted against Kaye's appointment. He said it was "not merely a matter of competence" or qualifications but a feeling that Kaye at times "ruled more like a legislator" than a judge. Sen. George Maziarz, R-Newfane, Niagara County, the only other senator to vote against her, cited the court's 2004 ruling effectively declaring the state's death-penalty law unconstitutional. Senate Judiciary Chairman John DeFrancisco, R-Syracuse, also raised questions about Kaye's proposal to establish regional panels to screen the credentials of candidates for local judicial elections. The state is under a federal court order (now on appeal) to change its method for electing state Supreme Court judges. "It goes back to the fact that judicial elections are different. There's no question they are different," Kaye began. "The idea that judicial candidates would go out to the public to raise millions of dollars, to engage in unbridled political rhetoric — to me, that's just unthinkable." She said the proposal would not block anyone from getting on the ballot but would give the public some evaluations of a candidate's qualifications. But DeFrancisco, who eventually supported Kaye, didn't sound satisfied. "This goes to concerns raised by Senator Saland: separation of powers," DeFrancisco said. "Whose role is it, really, to set the parameters of elections? I could not find, really, any (authority) for the judicial branch to be involved." "We are not setting up parameters of elections," Kaye said, adding that court administrative law gave her the power to set up the panels. No one would be compelled appear before them. In the end, even those who have criticized some of the court's decisions praised Kaye's tenure. "I don't think any chief judge has presided over the court with as much dignity and straightforwardness as you have," said Sen. Dale Volker, R-Depew, Erie County, who has served in the Legislature since 1973. "You will be remembered possibly as the finest legal mind Court of Appeals chief judge in modern times." Kaye's husband, attorney Stephen Rackow Kaye, died in October. That led some to wonder whether she'd retire rather than seek reappointment. But she told senators she wanted to stay on, in part, to push for her three top "reforms:" boosting judicial pay, restructuring the multi-layered court system and upgrading town and village courts.
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A Feast
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