Quotas On the NY Court of Appeals?

Governor David Paterson has to nominate someone to fill retiring Chief Justice Judith Kaye's seat on the New York Court of Appeals by January 15, 2009. She retires effective December 31.

He's not happy that there were no women among the choices put together by the nonpartisan Commission on Judicial Nomination. In fact, he's looking for ways to circumvent the state constitution's requirements to choose from the list proffered.

Paterson says the selection process ``has to be called into question'' when the commission was unable to identify even one qualified woman.

While noting the recommended candidates are highly qualified and the state Constitution says the governor ``shall choose'' from the list, he says he won't disobey constitutional rules but will consider his options.

Cuomo says there is ``something wrong'' with the process.

There was a time when we were supposed to be judged by the content of our character and not the color of our skin. The same should apply to being gender neutral when determining who should be appointed to the highest court in New York. Yet, Gov. Paterson thinks that a woman should replace Justice Kaye.

Still, one can't help but wonder how exactly the Commission was able to overlook other judges in the state that could fill the slot capably. They proffered the following choices: Current Judges on the Court of Appeals, Judge Theodore Jones and Judge Eugene Pigott and the other choices are Justice Jonathan Lippman, Justice Steven Fisher, George Carpinello, Evan Davis, Esq., and Peter L. Zimroth.

Why wasn't A Gail Prudenti among those chosen? She's the presiding judge from the Second Department. Or Cheryl Chambers? Leslie Stein?

There are clearly women who are sitting on the Appellate courts throughout the state who have the experience and jurisprudence to sit on the bench, but are they the best qualified? The Commission thinks not. Does that require an investigation or methods to circumvent the constitutionally derived procedures?