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Sen. Sweeney says she can be renominated when Justice Wallace retires

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

UPDATED

Gov. Chris Christie's nomination of Anne Murry Patterson to replace Justice John E. Wallace Jr. on the state Supreme Court was declared dead on arrival in the Senate Tuesday.

Senate President Stephen M. Sweeney (D-Gloucester) said he will not authorize the upper house's Judiciary Committee to hold a confirmation hearing on Patterson.

"The Senate cannot in good conscience play a role in the governor's reckless politicization of the courts," Sweeney said. "I will not allow the dismantling of New Jersey's independent judiciary. This nomination will not be taken up by Senate Judiciary Committee."

Sweeney noted Christie will have the opportunity to fill the same court seat during his first term — around the time Wallace will face mandatory retirement at age 70 in March 2012.

Democrats who control the Legislature want to see Wallace renominated to serve what would be a 22-month term. He completes a seven-year term on May 20. If Christie does not concede to the Democrats' demands to renominate Wallace, Chief Justice Stuart Rabner has the power to retain him in a holdover position until 2012.

Sweeney said the governor is welcome to nominate Patterson in 2012.

Michael Drewniak, Christie's press secretary, said Patterson deserves a hearing.

"The governor has fulfilled his constitutional duties by making a judicial nomination; the Senate's constitutional duty is to provide ‘advise and consent' through a hearing for the nominee, followed by an up-or-down vote in the full Senate. That's all we ask,'' he said. "So, we would be surprised if the Senate president is willing to simply abandon the New Jersey Constitution and refuse to consider a qualified judicial nominee. That would truly be a historic and unfortunate precedent.

"Also, the Constitution clearly states that all justices of the Supreme Court are appointed to an initial seven-year term — not automatic lifetime tenure,'' Drewniak added "The framers of our state Constitution did that for a reason, and we have to believe that the Senate President understands and respects that."

In the years since the current state Constitution was adopted in 1947, no governor has ever decided not to reappoint a sitting justice. Christie believes the current Supreme Court sometimes legislates rather than decides a legal issue. He said Monday that he wants to rebalance the court.

Sweeney also noted Rabner's letter to ver 400 state judges Monday stated, "The Constitution also recognizes the importance of a strong, independent judiciary in our democratic society. At the Constitutional Convention of 1947, the delegates ... understood the enduring value of having judges decide cases not with an eye toward reappointment but by fairly and honestly applying the law to the facts, free from any political pressures or influence."

"Governor Christie should've taken a page out of the book written by his mentor, former Governor Kean," Sweeney said. "Specifically, he should've taken the page that says ‘there has not been a judge since the Constitution was adopted in New Jersey who has been denied reappointment based on court opinions or political beliefs ... the day that happens, the New Jersey judiciary will be undermined.' Instead, he's torn up the book altogether."

Democrats have charged Patterson, 51, of Mendham, a Morristown-based attorney, is being politically rewarded by Christie for her financial support of the Republican Party.

Figures obtained from the state Election Law Enforcement Commission and the Federal Election Commission show donations Patterson has made in recent years. The contributions total $27,380, including $24,880 to the state Republicans, $2,500 to state Democrats and $5,750 to national Republicans.

Angelo's list states that her husband, attorney James Patterson donated $1,500, with $500 going to the late Republican Bob Franks‘ U.S. Senate campaign, $500 to Republican Bill Baroni for Assembly, and $500 to Democratiic Rep. Rob Andrews for Senate.

Noteworthy donations include: $4,500 for Senate Majority Leader Tom Kean, including $2,000 for his Senate race in 2006, $500 to his 2007 Senate race, $2000 to the Senate Republican majority, $500 to Sen. Jennifer Beck for her 2007 joint legislative campaign, and $500 to Sen. Kevin O'Toole for his 2007 campaign.