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Chief Justice Followup

Tuesday, July 8th, 2008

Following up on yesterday’s post regarding the upcoming selection of a new New York state chief justice, criminal defense blog Simple Justice weighs in on the issue.

Since then [the issues with Sol Wachtler stemming back to 1992], the New York Court of Appeals has floundered, both intellectually and ideologically.  It has become a follower court, going with the prevailing trends rather than creating the trends that others will follow.  The time when the New York Court of Appeals told the United States Supreme Court that it would follow it’s own darn Constitution, which provided stronger protections than those wobbly-kneed, wishy-washy Washingtonian dandies, was over.  It would fall in line, like a good little court.

Simple Justice goes on to point out how huge this appointment could turn out to be, especially considering the next Supreme Court appointment. A strong Court of Appeals could play an intrical role in any forthcoming issues that may stem from a new justice appointment on the Supreme Court. Another issue may arise in the form of inexperience on the part of Governor Patterson. Does he truly have what it takes to be a leader and pick a Chief Justice who exudes the same traits? The Governor will be able to make a lasting mark on the court system. Final thoughts from Simple Justice?

David Paterson, give us a leader.  Go back and read Berger and Belton II, and see what a leader does.  That leader could be Jim Yates.  Or perhaps a private lawyer who owes no debt to the system.  But if you have only one chance to make an impact on the future of New York, do it here.  Give us a leader.