Pataki's Court-Packing

[rusty charly]

Instead of turning to local talent when vacancies arose on that panel, the governor repeatedly went outside the district. His imports included John Buckley from Utica, James Catterson from Suffolk County, George Marlow from Poughkeepsie, and John Sweeny Jr. from Putnam County—all white male Republicans, none of whom are considered exactly in the top of their class in legal scholarship.

http://tinyurl.com/b9b38

The result has been a solidly right-of-center court that has given short shrift to criminal defense appeals, virtually regardless of merit. On issues of key importance to the people the court nominally represents, such as moving the Amadou Diallo shooting trial out of town, and ruling against the Campaign for Fiscal Equity lawsuit on education, it has consistently tilted to the right.

The out-of-towners come with a fiscal cost as well. In addition to salaries of $144,000 apiece, the imports get reimbursement for travel and living expenses. Buckley, the presiding justice, collected $3,400 a month for the cost of an apartment at Peter Cooper Village until Daily News editorials complained that he was violating a state constitutional mandate requiring the presiding justice to live in the district.

But the rest of the First Department imports continue to live as tourists. Figures provided by court administrators show that over the past year Marlow has received $27,000 for the cost of living at an Upper East Side apartment, $7,500 for travel, and $2,800 for "living" expenses. Sweeny has collected almost as much: $20,000 for an apartment near the courthouse, and another $11,000 for travel and meals. Catterson, who lives within easily commutable distance on Long Island, has been reimbursed $4,300, including $1,500 for housing.

The political cost to Pataki for this judicial gerrymandering? Zilch.