Approaching the Whites-Only Bench- The most cowardly thing about our justice system.

By: Ciara Torres-Spelliscy

For state court watchers, last month provided a rare and historic moment to savor: A black governor was tasked with replacing the most powerful judge in the state, who happened to be a woman. Another small chance to make history, perhaps?

But when New York Gov. David Paterson looked at the short list of candidates presented to him to succeed Judith Kaye, the trailblazing Court of Appeals chief judge, all were male, and six of the seven candidates were white.

His hands tied by legal precedent, Paterson nominated a white man. But at the time, he publicly lamented the limited pool of candidates: “I firmly believe that we must revise the process for future judicial nominations to ensure that those under consideration represent all New Yorkers.”

The problem is the same across the country where many state courthouses still seem to have a “Whites Only” sign on display when it comes to the appointment of judges. Even in racially diverse states, racial diversity of the courts is either nonexistent or far from reflective of the general population. Today, white males are overrepresented by nearly 2-to-1 on state appellate benches compared with the general population.

Why does this matter? Because, as we are often reminded, we are a nation of laws. We resolve or differences in courtrooms ans most legal disputes in America are decided in state courts, so when those courts don't reflect the broad range of constituencies that come before them, they have less credibility when it comes to fairly resolving our conflicts.

Approaching the Whites-Only Bench....

SLICK RICK PARDONED BY NY GOV.: David Paterson noted rapper's commitment to helping kids.

Slick Rick moved one step closer to putting constant threats of deportation behind him with his full and unconditional pardon Friday by New York Gov. David Paterson.


The rapper, born Ricky Walters, was convicted of attempted murder in 1991 and spent over five years in prison. The 43-year-old faced numerous attempts to deport him, even though he has lived in the U.S. since he was a child.


Rick spent over five years in prison after his 1991 conviction of attempted murder. Although he finished all of his probation requirements, he kept facing threats of deportation by INS officials.

He was arrested again in June 2002 by Immigration agents who stopped him after he returned to Miami from a weeklong Caribbean cruise, where he was a featured performer. The arrest stemmed from a 1997 Immigration and Naturalization Service warrant that had not been pursued earlier, and he spent 17 months in jail.

MORE....

David Paterson, NY’s First Black Governor, Met with Chants, Cheers After Being Sworn In

By: Associated Press

ALBANY, N.Y. - (AP) David Paterson was sworn in as governor Monday before a crowd of lawmakers who chanted his name and cheered his message of unity in a state eager to move past his predecessor's sordid and speedy political collapse.

Paterson became the state's first black chief executive and nation's second legally blind governor almost exactly a week after allegations first surfaced that Gov. Eliot Spitzer was "Client 9" of a high-priced call girl service.

"We move forward. Today is Monday. There is work to be done," Paterson said. "There was an oath to be taken. There's trust that needs to be restored. There are issues that need to be addressed."

Spitzer, according to ex-aides, was at his Columbia County farmhouse 48 miles south at the time of Paterson's swearing-in.

Where Spitzer's 14-month tenure was marked by partisan sniping, Paterson, a fellow Democrat, reached across the aisle in his remarks from the ornate Assembly chamber. The crowd gave the new governor a two-minute standing ovation and chanted "David! David! David!"

"What we are going to do from now on is what we always should have done all along," the former state senator said. "We're going to work together."

Legislators gave Paterson hearty applause when he called for cooperation, and laughs when he made playful jabs at Republican leaders.

He said Senate Republican leader Joseph Bruno, probably Spitzer's most bitter rival, had invited him to dinner at his ranch: "I'll go. I'm going to take my taster with me."

He teased Assembly Minority Leader James Tedisco, whom Spitzer famously and profanely said he would steamroll, that he would teach him how to play basketball. Tedisco, an upstate Republican, was a basketball star at Union College.

Paterson, 53, rose from the lieutenant governor's office after Spitzer resigned last week amid allegations that he hired a call girl from a high-priced escort service. It was a dramatic fall for Spitzer, who was elected with an overwhelming share of the vote and who had vowed to root out corruption at the Capitol.

"This transition today is a historic message to the world: That we live by the same values that we profess, and we are a government of laws, not individuals," Paterson said.

Paterson took the oath of office from Chief Judge Judith Kaye, who ascended to the pinnacle of the state's highest court in 1993 after former Chief Judge Sol Wachtler was caught threatening and harassing an ex-lover.

Paterson, who becomes New York's 55th governor, has said he will get right to work. The Legislature faces an April 1 deadline to pass an estimated $124 billion budget, and Paterson also said that health care, education, jobs and problems facing "the single mother with two jobs" need immediate attention.

Paterson spoke for 26 minutes -- about half of it engaged in the banter and humor that helped define him as a lawmaker and lieutenant governor -- without notes or teleprompter.

He joked about his limited vision -- he can see things close to him out of one eye.

At Spitzer's last State of the State address, he said, Assembly Speaker Sheldon Silver stopped him from accidentally breaking a glass with his gavel, then told him, "I will not allow you to turn the State of the State into a Jewish wedding."

Before reluctantly accepting Spitzer's offer to run with him as lieutenant governor, Paterson was a Democratic state senator for more than two decades, representing parts of Harlem and Manhattan's Upper West Side.

His wife, Michelle Paige Paterson, had tears in her eyes for most of the ceremony.

"Every time I hear David speak, I want to cry," she said afterward. "I'm just very happy I was able to live to see this day."

Paterson has admitted he and his wife Michelle had affairs during a rough patch in their marriage several years ago, a newspaper reported Monday.

Paterson told the New York Daily News that he maintained a relationship with another woman from 1999 until 2001. He and his wife eventually sought counseling and repaired their relationship.

The couple agreed to speak publicly about their marriage in response to rumors about Paterson's personal life that have been swirling in Albany since Spitzer resigned, the Daily News reported Monday on its Web site.

After his inauguration, Paterson and his wife acknowledged the relationships but did not go into details.

"This was a marriage that appeared to be going sour at one point," Paterson told the Daily News. "But I went to counseling and we decided we wanted to make it work. Michelle is well aware of what went on."

Paterson said top government officials are bound to be under the microscope for their personal actions, especially considering the prostitution scandal.

"Like most marriages, you go through certain difficult periods," Michelle Paterson said. "What's important is for your kids to see you worked them out."

The Patersons have two children, a 19-year-old student at Ithaca College who is from his wife's previous marriage, and 14-year-old who attends public school in New York City.

Politicians past and present, including presidential candidate Sen. Hillary Rodham Clinton, attended Paterson's swearing-in ceremony.

Shouts of "Go Hillary!" and "Go Obama!" echoed through the packed Assembly chamber in New York's capital Monday as Clinton made her way on the Senate floor.

Clinton, in her role as New York senator, took part in the ceremony that drew former and current elected officials and dignitaries. Paterson is one of many Democrats critical to Clinton's presidential aspirations; he is a superdelegate who backs her candidacy.

Amid the shouts, Assembly Speaker Sheldon Silver, a Clinton superdelegate like Paterson, quickly gaveled the joint legislative session to order. Paterson alluded to the White House race when he welcomed Clinton at the top of his speech.

"She has a lot places to go," Paterson said, "and I'm so flattered that she would come and join us today."

Clinton did not mention presidential politics.

"It is extraordinarily historic, but it is also a great moment of personal achievement for Governor Paterson and I love the way he had his story connected with the story of New York," Clinton said as she left Paterson's swearing-in ceremony. The former lieutenant governor took office upon the resignation of Eliot Spitzer, who was caught up in a prostitution scandal.

Paterson is a longtime Clinton supporter and has campaigned for her but he faced fresh questions about his support when Spitzer resigned -- especially after he fielded a congratulatory call from Sen. Barack Obama.

Superdelegates could hold the key in a tight Democratic presidential race and both campaigns have been courting them.

Paterson said last week there was no pressure from Obama to switch. Massachusetts Gov. Deval Patrick, an Obama friend and supporter, said much the same Monday after meeting privately with Paterson. Patrick said Obama's name only came up in conversation when it was noted that Obama and Paterson married women with the same name: Michelle.

Clinton sat in the back of the packed Assembly chamber near New York Mayor Michael Bloomberg, Patrick, New Jersey Gov. Jon Corzine and other political VIPs.

"I think most of us are optimistic that this could be a really terrific time for New York state and Albany with Gov. Paterson," said Sen. Charles Schumer, a Democrat.

Federal prosecutors must still decide whether to pursue charges against Spitzer. The married father of three teenage girls was accused of spending tens of thousands of dollars on prostitutes -- including a call girl "Kristen" in Washington the night before Valentine's Day.

Silver, talking to reporters on his way to the swearing-in, said adopting a budget will be the priority even with the recent turmoil. With an expected debt of more than $4.6 billion, the job won't be easy.

"It's a daunting task, but I think with all the good will that's created, with the leadership of David Paterson, we're going to have a logical conclusion to a budget process," Silver said.

Bruno said the Democrat-led Assembly and his Republican majority in the Senate remain billions apart in budget negotiations, and "David is going to be right in the middle."

"I think he can be one of the best governors the state has ever had," Bruno said.

Black Lt. Governor Could Replace Spitzer

By: Michael Gormley, Associated Press

ALBANY, N.Y. - (AP) Less than two years after he reluctantly ran for lieutenant governor, David Paterson is suddenly in line to be only the third black governor since Reconstruction, and the first in New York.

"He's the next governor and probably quite soon," said Maurice Carroll, director of Quinnipiac University's Polling Institute and a longtime New York political reporter.

Attention turned to Paterson immediately after word surfaced Monday that Gov. Eliot Spitzer had been linked to a high-priced prostitution ring. In a brief appearance in front of reporters, Spitzer issued a vague apology and did not mention resignation.

If Spitzer quits, Paterson automatically becomes governor and would complete Spitzer's term, which ends Dec. 31, 2010.

There was no immediate comment from Paterson.

Paterson, a 53-year-old Democrat from Harlem who is mostly blind, is well respected by Republicans and Democrats.

Former New York City Mayor Edward Koch recently called Paterson "very capable, not withstanding his near sightlessness. It's never impeded his public actions or his personal actions, and he's really overcome it in an extraordinary way."

Paterson, who does not use a cane or a guide dog, can make out shapes and even people up close. He lost most of his sight as an infant when an infection damaged his optic nerve. He still talks of his fragile self-esteem in childhood and recalls not being invited to parties because "people thought I would fall and hurt myself."

Paterson's disability has never been an issue in Albany in his 20-year political career. He has memorized lengthy, impassioned speeches without missing a mark; cited arcane legal references in fast-paced floor debates; and won more victories for his party in the Senate than any other leader in the Legislature. His efforts brought Democrats to within a seat of taking the Senate majority for the first time in decades.

Critics and supporters alike all point to the intellect, compassion and humor that Paterson brings to the Statehouse. When Spitzer picked him to be his running mate in 2006, Paterson deadpanned: "I told Eliot, 'Whenever you are trying to reform a system, you need a person with vision and a person who is a technician,' and that's what I am ... because I sure don't have vision."

"He's going to bring love to the executive branch and Legislature," said Assemblyman Dov Hikind, a Brooklyn Democrat. "He's a real mensch, plain and simple."

The only other black governors since Reconstruction were Deval Patrick, currently serving in Massachusetts, and L. Douglas Wilder of Virginia, who left office in 1994.

Even New York Republicans have a healthy respect for Paterson.

"I don't think there's an issue David Paterson and I agree on, but he's one of the most decent, honorable guys I've ever met," said Rep. Peter King of Long Island, who already was referring to Paterson as "the new governor."

Paterson has enjoyed a good relationship with Spitzer's chief nemesis, Republican Majority Leader Joseph Bruno. In pointed yet humorous floor debates, a kind of father-son relationship was evident between the younger Harlem Democrat and the rural, upstate Republican, who is 78.

Two years ago, Paterson was so focused on taking control of the Senate and becoming majority leader that he was surprised by Spitzer's offer to be lieutenant governor.

If he ascends to the governor's office, Paterson would also have an advantage in that he would have nearly three years remaining in Spitzer's term.

"If he becomes governor, he can move forward with what he wants to do as governor and start to set a tone," said Lee Miringoff of the Marist College Institute for Public Opinion. "The state will have been shaken by all these revelations. And I think he's someone who is widely respected, and he has a lot of experience in the corridors of Albany."