slide1
Download
Skip this Video
Download Presentation
The Current Court (updated Sept. 2006)

Loading in 2 Seconds...

play fullscreen
1 / 42

The Current Court (updated Sept. 2006) - PowerPoint PPT Presentation


  • 108 Views
  • Uploaded on

COURT OF APPEALS DEVELOPMENTS The Pataki Court Vincent Martin Bonventre, J.D., Ph.D. Legislative CLE, December 14, 2006. The Current Court (updated Sept. 2006). Judith S. Kaye. Appointed 1983, Cuomo (replaced JF [elect]) First woman on Court From NYC (born in Monticello)

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' The Current Court (updated Sept. 2006)' - fleur


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide1
COURT OF APPEALS DEVELOPMENTSThe Pataki CourtVincent Martin Bonventre, J.D., Ph.D.Legislative CLE, December 14, 2006
judith s kaye
Judith S. Kaye
  • Appointed 1983, Cuomo

(replaced JF [elect])

  • First woman on Court
  • From NYC (born in Monticello)
  • Appointed Chief Judge 1993, Cuomo

(replaced SW [Cuomo])

  • Current term expires March 2007
  • Mandatory age retirement 2008
george bundy smith retired 2006
George Bundy Smith (retired 2006)
  • Appointed 1992, Cuomo

(replaced FA [Cuomo])

  • From NYC (born New Orleans)
  • Term expired Sept. 2006
  • Denied reappointment by Pataki
  • (mandatory age retirement would have been 2007)
carmen beauchamp ciparick
Carmen Beauchamp Ciparick
  • Appointed 1994, Cuomo

(replaced SFH [Cuomo])

  • First Hispanic on Court
  • From NYC
  • Current term expires Jan. 2008
  • Mandatory age retirement 2012
richard c wesley resigned 2003
Richard C. Wesley (resigned 2003)
  • Appointed 1997, Pataki

(replaced RDS [Cuomo])

  • From Livonia

[Rochester area]

(born Canandaigua, New York)

  • Resigned for 2d Circuit Appointment, 2003
albert m rosenblatt
Albert M. Rosenblatt
  • Appointed 1998, Pataki

(replaced VJT [Cuomo])

  • From Dutchess County (born NYC)
  • Mandatory age retirement 2006
victoria a graffeo
Victoria A. Graffeo
  • Appointed 2000, Pataki

(replaced JWB [Cuomo])

  • From Guilderland (born Rockville Center)
  • Term expires Nov. 2014
  • Mandatory age retirement 2022
susan p read
Susan P. Read
  • Appointed 2003, Pataki

(replaced HL [Cuomo])

  • From Capital Region (born Gallipolis, Ohio)
  • Mandatory age retirement 2017
  • Term expires Jan. 2017
robert s smith
Robert S. Smith
  • Appointed 2003, Pataki

(replaced RW [Pataki])

  • From NYC
  • Mandatory age retirement 2014
hon eugene f pigott jr
Hon. Eugene F. Pigott, Jr.
  • Appointed 2006, Pataki

(replaced GBS [Cuomo])

  • From Grand Island [Buffalo Metro Area]

(born Rochester, NY)

  • Mandatory age retirement 2016
the process
The Process
  • Background: Wachtler, Fuchsberg, Breitel, Carey
  • Commission: composition, purpose [evaluate, report, recommend]
  • Applications: notice, solicitation, applicants
  • Interviews: prelim evaluation, in-person meeting

Vincent M. Bonventre, 12/06

the process cont d
The Process cont’d
  • Voting: ranking/no-ranking, 2/3 support, re-voting & winnowing
  • Findings & Recommendations:

3-7 candidates

“report” on “character, temperament, professional aptitude, experience, qualifications and fitness”

—otherwise entirely confidential

Vincent M. Bonventre, 12/06

the process cont d1
The Process cont’d
  • Gubernatorial Nomination: limited to list, agenda?
  • Senatorial Advice & Consent: committee hearing, full senate, “advice” or just consent?

Vincent M. Bonventre, 12/06

the process cont d2
The Process cont’d
  • Election vs “Nonpolitical Merit” Appointment:
    • Pros / Cons
    • Final Product, Comparisons
    • Essentials

Vincent M. Bonventre, 12/06

court of appeals making of the pataki court

Court of AppealsMaking of the Pataki Court

Voting and Decisional Patterns in Criminal Cases:

From Cuomo thru Pataki

Vincent Martin Bonventre, J.D., Ph.D.

December 2006

late wachtler early kaye all cuomo court
Late Wachtler – Early KayeAll Cuomo Court
  • Late Wachtler era

Pro-prosecution record

Wachtler/Bellacosa v. Kaye/Titone

  • Post-Wachtler – Early Kaye

Pro-defendant swing

Wachtler Court – Kaye Court transition

emerging kaye court all cuomo court
Emerging Kaye CourtAll Cuomo Court
  • Reprise

Late Wachtler

Early Kaye

  • Emerging Kaye Court

Pro-defendant swing persists

Kaye/Titone/G.B. Smith/Ciparick “liberal” majority

cuomo to pataki transition
Cuomo to Pataki Transition
  • Reprise

Post-Wachtler / Early Kaye

Emerging Kaye Court

  • Post Court-Bashing

Pro-prosecution “adjustment”

Kaye/Ciparick voting shift

trending pataki court
Trending-Pataki Court
  • Reprise

Emerging Kaye Court

Post Court-bashing

  • Pataki’s Increasing Impact

Kaye/Ciparick shift persists

Pataki’s appointees:

Simons to Wesley

Titone to Rosenblatt

Bellacosa to Graffeo

Court’s pro-prosecution record

  • [But] Rosenblatt: the “non” Pataki appointee ?
pataki s court
Pataki’s Court ?
  • Reprise

Pataki’s Increasing Impact: “Bashing” + Appointments

Pataki’s Majority?

Titone to Rosenblatt, Bellacosa to Graffeo

Levine to Read, [Simons to] Wesley to R.S. Smith

  • Court Re-Adjustment

Kaye/Ciparick Re-shift

Pataki’s Judges: Wesley, Graffeo, Read,

and (?) R.S. Smith

“Non” Pataki Judge: Rosenblatt

Court’s Pro-defendant Swing Back (?)

the 2006 court
The 2006 Court
  • Re-Emerging Pro-defendant Wing

G.B. Smith, Kaye & Ciparick

  • Solid Pro-prosecution Votes

Graffeo & Read

  • The Less Predictable R.S. Smith
  • Rosenblatt in the Center
  • An Unmistakable Spectrum

G.B. Smith/Kaye/Ciparick

Graffeo/Read

Rosenblatt/R.S. Smith

?? G.B. Smith Replaced by Pigott??

future court spitzer s opportunities
Future CourtSpitzer’s Opportunities ?
  • Rosenblatt Replacement, Jan. 2007
  • Kaye Reappointment/Replacement, March 2007
      • Mandatory Retirement, 2008
  • Ciparick Reappoint./Replacement, Jan. 2008
      • Mandatory Retirement, 2012
  • Graffeo Reappoint./Replacement, Nov. 2014
      • Mandatory Retirement, 2022
  • R.S. Smith Mandatory Retirement, 2014
  • Pigott Mandatory Retirement, 2016
  • Read Reappointment/Replacement Jan. 2017
      • Mandatory Retirement, 2017
ad