Jerry: It is important to remember on this MLK Day 2007 not only the horrendous Pataki judicial appointment record, but the entire record of appointments by the NYC Mayor and OCA (Office of Court Administration) , which has appointment power over NYC Housing Court judges and Acting Supreme Court judges;

The record of judicial appointments (sometimes misnomered "merit selection") regarding diversity in NY State is abysmal.

Reformers and the Times always run from this stark reality- when given the opportunity to appoint qualified minority judges, neither the Governor, Mayor nor OCA  (Chief Judge) have ever delivered.

It is only through judicial elections that significant numbers of qualified minority judges have ascended to the bench, in proportions approaching voting population percentages, particularly  in Manhattan, Brooklyn and the Bronx.

It is important to note that while Pataki was packing the Court of Claims and appellate divisions  with mediocre  upstate judges,  he was also carefully refraining from appointing minority judges.  In 12 years, with the Court of Appeals, 4 Appellate Divisions and the Court of Claims (i.e., nearly one hundred  appointments) Pataki managed  to appoint only 2 blacks (Townes, Waldon), 5 Hispanics (Gonzales, Rivera, Carro, Irizarry, Soto) and no Asians.

Until 2005, when he was running for re-election, Bloomberg had never appointed an Asian to the  Criminal or Family courts.

Out of 114 Acting Supreme Court judges (lower court judges sitting by designation) in NYC, only 13 blacks, asians or latinos were appointed by OCA as of 2006. These are sorry facts which the Times will never own up to!

But I still don't think open elections are necessarily the answer, because most voters, including myself, are not in a position to judge who would be a good judge. You might get ideologues or deal makers in that case as well.

How about having the Court of Appeals and its designees appoint, and have the authority to remove, lower level judges as I have suggested?

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