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To: oceanview; EternalVigilance
first you must examine how the merit appointment system of judicial picks in NYC works to understand this. the mayor does not act unilaterally in making these picks, he chooses from a slate that an advisory board generates. NYC has a 9:1 Dem registration, you can imagine what decades of Dem rule means to the composition of these panels. The idea that some republican mayor could just get elected and sweep all that away, and start appointing Scalia clones to NYC judgeships - its just can't happen.

Giuliani served as NYC Mayor beginning Jan 1, 1994. It took him 7 months to do what you say he could not have done.

Remarks by Ed Koch (he who set up that Merit-selection System back in 1978) on the Independence of the Judiciary, 1996

MAYOR GIULIANI ON JULY 20, 1994, GUTTED THIS MERIT-SELECTION SYSTEM BY PROVIDING THAT HE, HIMSELF, COULD EXERCISE THE AUTHORITY NOT TO REAPPOINT A SITTING JUDGE, EVEN IF THE COMMITTEE HAD RECOMMENDED REAPPOINTMENT OF THAT JUDGE. THE MAYOR HAS, IN FACT, EXERCISED THAT AUTHORITY WITH RESPECT TO TWO SITTING JUDGES BOTH OF WHOM HAD BEEN RECOMMENDED FOR REAPPOINTMENT BY BOTH THE MAYOR'S JUDICIARY COMMITTEE AND THE CITY BAR ASSOCIATION.

240 posted on 02/04/2007 1:45:18 PM PST by cgk (Republicanism didn't make Conservatives a majority. Conservatism made Republicans a majority. [NEWT])
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To: cgk

who were the two judges he refused to re-appoint? he likely had some specific grounds for those two (my guess is, corruption), rather then a blanket dismissal of the system.

did you read the entire link you posted, take a look at the judge Koch is criticizing Rudy for going after:

"NEW YORK SUPREME COURT JUDGE HELEN FREEDMAN WAS
RECENTLY THE SUBJECT OF GIULIANI'S DEMEANING LANGUAGE
IN HIS EFFORT TO TERRORIZE HER AFTER SHE RULED IN FAVOR
OF THE LEGAL AID SOCIETY'S HOMELESS FAMILY RIGHTS
PROJECT, LED BY COORDINATING ATTORNEY STEVEN BANKS, IN
THE LEGAL AID SOCIETY'S ONGOING CASE AGAINST THE CITY.

GIULIANI, ACCORDING TO THE POST, SAID FREEDMAN NAS
BEEN ISSUING "IRRATIONAL ORDERS" TO MAYORS FOR 13
YEARS. "IT'S ABOUT TIME SHE STEP ASIDE," HE SAID.
CONTINUING, "ANY JUDGE THAT HOLDS A CASE FOR A DECADE
OR MORE SHOULD GET OFF THE CASE BECAUSE WHAT HAPPENS IS
THEY BECOME THE PURVEYORS OF POLICY RATHER THAN
DECIDERS OF CASES THAT COME BEFORE THEM." HE VICIOUSLY
AND PERSONALLY ATTACKED FREEDMAN -- AND SAID, "SHE
ISN'T RULING ON THE LAW, SHE'S RULING ON HER OWN
PERSONAL IDEOLOGY." IF THAT WERE S0, SHE WILL BE
REVERSED ON APPEAL"

read it, and tell me if that sounds like a person who supports liberal judicial activism on the bench. just the opposite is what I read there.


244 posted on 02/04/2007 1:56:40 PM PST by oceanview
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