Barry Albin

A survey released by pollster Kellyanne Conway says that 94% of New Jersey's registered voters cannot name a single State Supreme Court Justice, and that the public is largely ignorant of about most aspects of the court.

The number presents an interesting juxtaposition to the political fury around the renomination of Associate Justice Barry Albin, 56.  After serving his preliminary seven year term, he is up for tenure until mandatory retirement at age 70.

In a conference call with two conservative New Jersey attorneys, Conway said that the low level of familiarity with the court "should be regarded as an opportunity, not an obstacle. They do want to know more about the court."

The poll of 500 registered voters was conducted between January 9 and 10 -- long before the nomination of Sonya Sotomayor brought some aspects of the judicial debate into the public eye.  It has a margin of error of plus or minus 4.38%.

Although the call was billed as a discussion of Albin's renomination, participants focused on broad judicial principles rather than Albin's specific decisions. Conway and the two others - Tom Gentile, who clerked for Supreme Court Justice Samuel Alito when he sat on the United State Court of Appeals for the Third Circuit; and Cheryl Stanton, a former special assistant and associate White House counsel to President George W. Bush - reiterated Republican legislators' calls for a longer confirmation hearing.

A group of New Jerseyans with national connections will hold a news conference on Wednesday to talk about the upcoming Senate confirmation of Associate Justice Barry Albin's renomination to the New Jersey Supreme Court: pollster Kellyanne Conway, former Bush White House Associate Counsel Cheryl Stanton, former Alito law clerk Thomas Gentile, and Eric Jaso, who worked for Independent Counsel Kenneth Starr.

A New Jersey Supreme Court ruling that accepts Gov. Jon Corzine's plan to adjust the state funds low-income school districts - already an issue in the gubernatorial campaign - will likely attract the interest of Republican Senators on June 15 when Associate Justice Barry Albin appears before the Judiciary Committee in pursuit of renomination. 

Senate Judiciary Committee Chairman Paul Sarlo has scheduled confirmation hearings for the renomination of Associate Justice Barry Albin to the New Jersey Supreme Court on June 15.  Sarlo told Senators to expect to spend most of the day on the Albin confirmation.  Republican Senators had asked for three days of hearings.

Democrats such as Senator Paul Sarlo apparently believe that thorough review of nominations of members of the judiciary is appropriate only when Republicans make the appointments. Senator Sarlo should read what Governor Corzine has said about such matters.

An apparent conflict exists between the Governor of New Jersey and the Chairman of the State Senate Judiciary Committee, both Democrats, over the role of the Senate in the confirmation of Supreme Court Justices.  Gov. Jon Corzine says that "providing advice and consent on the nomination of a Supreme Court Justice...should not be a shot in the dark," and that it is "vital that we learn everything we can about... (the) judicial philosophy" of a nominee.

But State Sen. Paul Sarlo (D-Wood-Ridge), in response to a request from Republicans on his committee seeking three days of hearings on the renomination of Associate Justice Barry Albin, says that while he'll provide "ample time time to discuss with Justice Albin the pertinent information to his re-nomination to the Supreme Court."  But Sarlo says he will "not allow for the politicizing of this appointment, because, frankly, I believe that Justice Albin, and the people of New Jersey, deserve better."

"Our judicial system is designed in such a way to insulate judges from politics," Sarlo said in a statement posted on PolitickerNJ.com today.  "For this very reason, judges are appointed, as opposed to elected, and their nomination is reviewed based on the merit of the person, not the weight of their politics.     

In September 2005, while Corzine was serving in the United States Senate, he announced that he could not "in good conscience vote to confirm Judge (John) Roberts as Chief Justice.

"While he has demonstrated intelligence and eloquence, he has not provided adequate insight into his views or judicial philosophy. The Supreme Court is too important and the stakes are too high to roll the dice on a judge who may sit on the bench for decades to come," Corzine said. "I fear that we have not learned all that we should learn about Judge Roberts for a lifetime appointment of such significance."

As expected, Gov. Jon Corzine will renominate Barry Albin as an Associate Justice of the New Jersey Supreme Court.  Albin, a former partner at a politically influential Middlesex County law firm, was orginally appointed to the post by Gov. James E. McGreevey in 2002.  If he is confirmed by the Senate, he can remain on the top court until he reaches the age of seventy in 2022.

Republicans have already requested that Senate Judiciary Chairman Paul Sarlo (D-Wood-Ridge) set aside at least three full days for hearings on the Albin confirmation. Some GOP Senators have hinted that they will oppose Albin, whom they have criticized for decisions on school funding formulas and other issues.  A letter Sent by Republican Senators last January says that "a more exacting review of the person's qualifications is necessary and justified."  The GOP asked for copies of all decisions authored by Albin and summaries of cases he was involved in.

The renomination of Albin and other Supreme Court Justices has already become an issue in the Republican gubernatorial primary.  Former Bogota Mayor Steven Lonegan has said he would oppose the reappointment of any sitting Justice, while former U.S. Attorney Christopher Christie has promised a full examination of a judicial record after an initial seven-year term.

Although prominent members of the Republican Party will likely try to score political points over the upcoming reappointment of State Supreme Court Justice Barry Albin this year, Assemblyman and gubernatorial candidate Rick Merkt (R-Mendham) would rather focus on the appointments he would actually have control over if he becomes governor.

"I would fire them all," said Merkt

Governor Jon Corzine will still be in office in September, when Albin, after serving seven years, will need to be reconfirmed to become tenured until mandatory retirement at age 70.  But Justices John Wallace, Roberto Rivera-Soto and Helen Hoens will all come up for reappointment during either Corzine's second term or the first term of his Republican opponent.   

Rivera-Soto is the most controversial of the three, having been censured for allegedly invoking his position to get an adversary of his son's in trouble, and having just recently accused of violating a court order relating to the Jayson Williams case.

Merkt said that he would not reappoint Rivera-Soto, a Republican, but not because of any controversy.

Three of the seven Justices of the New Jersey Supreme Court voted against hearing the case that would require Gov. Jon Corzine to release his personal e-mails to Carla Katz, a labor leader and his former girlfriend.  Justices Jaynee LaVecchia and Helen Hoens, both Republicans, and Justice Barry Albin, a Democrat, denied GOP State Chairman Tom Wilson's petition for an appeal.  Chief Justice Stuart Rabner, and Justices Virginia Long, John Wallace and Roberto Rivera-Soto did not participate. Two Appellate Court Judges, Edwin Stern and Ariel Rodriguez, voted with LaVecchia, Hoens and Albin.  When a Justice is absent, a senior Appellate Court Judge often participates in his or her place.

Associate Justice Barry Albin's first seven-year term on the New Jersey Supreme Court is up in September.  And the winner of the 2009 gubernatorial race will have at least four state Supreme Court appointments during his four-year term.