Barry Albin

In his brief questioning of state Supreme Court Justice Barry Albin, state Sen. Joseph Kyrillos (R-Middletown) offered some measured criticism.

“I do not think you’re an ideologue. I do not think that you’re a justice that over time a vast majority of New Jerseyans would be uncomfortable with. But I do 5hink you need to draw on your instincts, your abilities to be a leader on the court in the years to come, that you need to look at the practical effect that past decisions have had,” he said.

In beginning his questioning of state Supreme Court Justice Barry Albin, state Sen. Bill Baroni (R-Hamilton) borrowed two analogies.   

“Are you an umpire, or are you a surgeon?” Baroni asked.

The umpire analogy came from a Roberts quote meant to emphasize the judiciary’s limited role of making sure everybody plays by the rules.  But Albin rejected it.  

“I’m not certain that the term umpire, when applied to a judge who serves in an appellate capacity, is an apt analogy.  In fact, Chief Justice Roberts was widely criticized for using that term.  That may more or less apply in a trial court setting, but for judges who are applying the constitution, construing the statutes, the term umpire I don’t thin is really an apt analogy,” he said.

The early part of state Supreme Court Justice Barry Albin’s questioning by Republicans has focused on school funding.

State Sen. Gerald Cardinale, citing the 1970s-era Abbot v. Burke and Robinson v. Cahill cases – both of which provided the basis for state funding of poor school districts -- asked Albin if he though the court had acted in an “activist” manner.

Albin said that he did not feel able to comment on cases the court heard before he was seated in 2002.  But he did try to answer Cardinale in principle, arguing that labels like “activist” and “conservative” were inadequate to describe complicated court decisions.

TRENTON -- State Supreme Court Justice Barry Albin just gave an 11 minute opening statement in which he attempted to preempt the conservative buzz phrase “legislating from the bench.”

“As a judge I have tried to be fair, impartial and objective. I have not brought any personal agenda.  I have not predisposed or favored one side or another.  I have voted for a particular outcome only when I believed that the law compelled the result,” he said.

Albin noted that he does his best to interpret the law under the state constitution to the best of his ability.   Even some of the most well-intentioned and well-balanced laws have flaws, he said, but interpreting legislative intent is not the same as making law.  

“I can assure you that it is enough to adjudicate the statutes before the court. I do not seek to legislate,” he said.

TRENTON -- Senate Judiciary Committee Chairman Paul Sarlo (D-Wood-ridge) attempted to set the tone for Justice Barry Albin's hearing with in his opening statement. 

Anticipating some harsh questioning from Republicans, Sarlo said that Albin had shown professional judgment and temperament on the bench, and that ideological differences should play no role in senators’ votes.

“It is not our role to agree or disagree with those opinions… .our role is to determined whether conclusions reached by Justice Albin were arrived through a reasonable interpretation of facts in the case,” said Sarlo.

TRENTON -- State Supreme Court Justice Barry Albin has arrived at the Senate Judiciary Committee meeting and is set to speak after the committee takes a 10 minute break.

State Sen. Jennifer Beck (R-Red Bank) raised concern over the amount of time allotted to interview him.

“I know we’re going to take a little break here before we start, but I did want to ask you that if indeed the hour gets to be late and we haven’t completed our questioning to Thursday,” she said.

Sarlo responded that there’s no hurry to leave the meeting tonight, and he’ll decide whether questioning needs to be continued later on.

Senate Judiciary Committee Chairman Paul Sarlo (D-Sanzari) promised to devote a full day to the renomination of New Jersey Supreme Court Justice Barry Albin, but it isn't working out that way.  Instead, Sarlo has added 53 additional gubernatorial nominations to the committee's agenda.  The panel is now 4 ½ hours into their hearing and still have not gotten to Albin - leading some observers who went to Trenton specifically for the Supreme Court hearing - to wonder if Sarlo will try to rush Albin through if they eventually get to him.

Far from the three days they originally requested to interview state Supreme Court Justice Barry Albin, it looks like Republicans will get part of an afternoon.

The Senate Judiciary Committee, which has been meeting since 10:00 a.m., has a long agenda today, and they’re expected to address Albin’s renomination at the very end of it.  As of 1:35 p.m., Albin had still not testified, and staffers said the expected to have him on between 2:00 p.m. and 2:30 at the earliest.  

But state Sen. Bill Baroni (R-Hamilton) said that the late start won’t keep him from questioning Albin thoroughly, even if the meeting runs past dinner.  

"I'm looking forward to a thorough and complete review of justice Albin's nomination. I'm prepared for a thoughtful discussion that our state constitution demands. And ill stay all night if we have to,” he said.

Republican gubernatorial candidate Christopher Christie's decision to testify in front of a congressional subcommittee next week was the logical choice, according to Monmouth University pollster Patrick Murray.

"It was clear he was going to have to do this at some point in time," he said.

Christie will testify about a type of corporate fraud settlement called deferred prosecution agreements, in which defendants can avoid prosecution by taking on monitors and making other types of restitution.  U.S. Reps. Frank Pallone (D-Long Branch) and Bill Pascrell (D-Paterson) have pending legislation reforming the way the agreements are given out, which is largely inspired by Christie.

The decision to postpone today's scheduled vote on the state budget comes with at least one apparent scheduling conflict: the Senate Judiciary Committee has set aside nearly a full day on Monday for confirmation hearings on the renomination of New Jersey Supreme Court Justice Barry Albin.  The full Senate had been expected to vote on Albin next Thursday - and Republicans are unlikely to agree to rush the session without giving Senators a chance to speak on the nomination.  That could mean a postponement of the Albin vote until after the budget - there is no rush, since Albin's term isn't up until September.