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Governor also says his next nomination in March will not be blocked

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

Anne Patterson, a Morris County attorney and a Republican, will replace Justice Roberto Rivera-Soto on the state Supreme Court if her nomination by Gov. Chris Christie is approved by the Democratic-controlled Senate.

Christie and Senate President Stephen M. Sweeney (D-Gloucester) announced what they described as a compromise to end the stalemate on Paterson appointment that began May 10 when the governor nominated her to replace Justice John E. Wallace, the only African-American on the seven-member panel and Senate Democrats refused to act.

If Patterson is approved by the upper house, it will mark the first time the court will have a majority of female justices while at the same time no Hispanic or African-American members. Only four other states have a female majority on their Supreme Court.

The governor said Monday that the compromise enables him to follow through on his pledge to “rebalance and set a new direction for the state’s highest court,” meaning he wants to make the court lean conservative.

“I’m pleased that we’ve come together in a bipartisan way to bring an end to the impasse of the last year and move forward with the confirmation process for a much deserving and highly qualified nominee for the Supreme Court,” Christie said. “In Anne Patterson, we have a future associate justice of the highest character, legal intellect and compassion, who I believe will serve the people of New Jersey extraordinarily well.

“As the confirmation process moves forward for Anne, I believe it is inevitable that the Senate reaches the same conclusion about her as I have,” the governor added. “I want to thank Senate President Sweeney for being a willing partner in finding a path forward today on this nomination and for subsequent future to the Supreme Court.”

Asked what Sweeney or the Senate Democrats get out of the compromise, Derek Roseman, a Sweeney spokesman, said, "The Senate president keeps his commitment that Justice Wallace's seat will remain vacant until March."

Christie said he will formally withdraw Patterson’s nomination and resubmit it for the seat being vacated by Roberto Rivera-Soto.

Sweeney has agreed to move swiftly to afford Patterson a confirmation hearing before the Senate Judiciary Committee, and an up-or-down vote by the full Senate this month.

Further as part of the agreement, Sweeney has agreed to provide the same expedited process in 2012, holding hearings for Christie’s two nominees in sufficient time to have them seated by March, if confirmed. Wallace was due to retire next March and Justice Virginia A. Long also is due to retire at that time.

“I thank the governor for agreeing to the compromise that I had proposed in January," Sweeney said. "The Senate Judiciary Committee will hold hearings for Anne Patterson later this month. I expect a thorough examination of Ms. Patterson’s background and qualifications to serve on our state's highest court. I also expect a lengthy discussion on the importance of diversity on our court. With two seats to fill in March 2012, I urge the governor to ensure the court's makeup mirrors our state’s diversity.

“My concerns have always been for the integrity of our independent judiciary and for a court that has the informed minds it needs to independently provide equal protection under the law for all residents," Sweeney said. 'New Jersey’s Supreme Court has a well-earned reputation for reasoned impartiality. I will always stand prepared to ensure that that reputation remains in place.”

Sen. Nicholas P. Scutari (D-Union), Senate Judiciary Committee chairman, said of the compromise agreement, “Although I am glad we can now move forward, this development in no way sanctions the governor’s unprecedented move to withhold reappointment to a sitting justice. I remain resolute that Justice Wallace should have received a hearing before the Senate Judiciary Committee. For decades, our court has enjoyed a national reputation for excellence and independence. We must now work to restore that standing, and to ensure that justices are free to decide cases based upon the principles set forth in the state Constitution without the threat of political repercussions.

Scutari added that the Judiciary Committee will begin its work after the governor formally resubmits the nomination of Patterson to fill the Rivera-Soto's seat.

“The members of the Judiciary Committee will conduct a full vetting of Anne Patterson’s qualifications, including a comprehensive review of her body of legal work, at an upcoming hearing," the senator said. "I look forward to that process.”

One member of the Democratic-controlled Senate Judiciary Committee, Sen. Raymond J. Lesniak (D-Union) said he will not vote for Patterson but that may not be enough to block her nomination.

“I will be voting no,” Lesniak said. “If Anne Patterson is confirmed by the Senate to replace Justice Soto, New Jersey – a state which has prospered through the richness of its diverse population – will have no African-American or Hispanic members on its Supreme Court despite scores of highly qualified men and women minority members of the bar.

“This untenable situation was caused by Governor Christie refusing to re-appoint Justice Wallace strictly for political reasons. This action has sent shudders down the backs of sitting judges who can't help but be concerned about how the Governor's politics will affect their re-appointment as they decide cases before them. Anne Patterson, despite her credentials, was part of this process which undermined the integrity of our judicial system. For these reasons, I will vote no in the Judiciary Committee on Anne Patterson's confirmation to the New Jersey Supreme Court.”

Senate Republican Leader Tom Kean (R-Union) said, "I said last year, when Governor Christie first nominated Anne Patterson to the Supreme Court to replace Justice John Wallace, that she was an extraordinary person who is eminently qualified to serve on our state's highest court and I still hold that feeling today.

"While I continue to believe that these hearings should have been held a year ago," Kean said. 'I am pleased that the governor and Senate president have reached a compromise that will avert the need for two interim justices on the court later this year. I urge the members of the Senate Judiciary Committee, and the Senate as a whole, to consider this nomination based on the merits of the nominee. I know Anne personally, and am confident that my colleagues will come to know what I already do: that Anne Patterson is well-qualified and will be a terrific addition New Jersey Supreme Court."

Patterson, 52, is a partner with the law firm Riker, Danzig, Scherer, Hyland & Perretti, and a neighbor of Christie. She has received a rating of “highly qualified” from the New Jersey State Bar Association. She practices primarily in the areas of product liability and commercial litigation in state and federal courts, class actions involving product liability and pharmaceutical pricing, intellectual property litigation, restrictive covenant litigation, closely held corporation litigation and appeals.

Patterson has been a member of the New Jersey bar for 27 years and has practiced before the state's Supreme Court, appellate and trial courts. In 1989 and 1990, she served as a Deputy Attorney General and Special Assistant to then-state Attorney General Peter N. Perretti, Jr.