Two Democratic Senators seemed a bit piqued yesterday when the Hudson County Assignment Judge implied that the Senate Judiciary Committee was dragging a Superior Court Judge through the mud as they questioned him during a confirmation hearing that would give Frederick Theemling tenure until he reaches the mandatory retirement age of seventy.  The reaction of State Sens. Raymond Lesniak (D-Elizabeth) and Nicholas Scutari (D-Linden) sends a signal that the Judiciary Committee, in a change of direction, is prepared to question judicial nominees about their records.

Theemling, a former Hudson County Prosecutor and a candidate for Congress against Robert Menendez (D-Hoboken) in 1992, seemed incredibly unprepared for any questions from Senators regarding his nearly seven years on the bench.  Scutari was seeking an explanation for what appeared to be an unusually large number of appeals to his decisions - 114 of his cases were appealed since becoming a Superior Court Judge.

In Trenton to support and defend Theemling, Assignment Judge Maurice Gallipoli accused the Senators of treating Theemling harshly.  "I earnestly suggest to you that this is a good man who should not be dragged through the mud," Gallipoli told the panel.

That bothered Lesniak, who told Gallipoli that the role of the Judiciary Committee was to question nominees about their "qualification, character, ability and record." 

"Asking legitimate questions about that record has nothing to do with dragging a person through the mud," Lesniak said.

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.

Albin's reappointment may be the only opportunity that elected representatives of the people get to review his qualifications and performance before he gets a lifetime appointment to one of the state's most powerful judicial posts.

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."

TRENTON – Senator Paul A. Sarlo, D-Bergen, Essex and Passaic, and Chairman of the Senate Judiciary Committee, issued the following statement today regarding Governor Corzine’s announcement that he will reappoint Justice Barry Albin to the New Jersey Supreme Court:

  “Justice Albin has proven to be a fair jurist with incredible integrity throughout his first term.  I welcome his re-nomination to the State Supreme Court, and will post it for a vote before the Judiciary Committee some time in June.          

 “I will give my colleagues ample time to discuss with Justice Albin the pertinent information to his re-nomination to the Supreme Court.  But I will not allow for the politicizing of this appointment, because, frankly, I believe that Justice Albin, and the people of New Jersey, deserve better.

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.

Senate President Richard Codey (D-West Orange) builds up Jersey City Mayor Jerramiah Healy at Healy's campaign kick-off

Senate Judiciary Chairman Paul Sarlo (D-Wood-Ridge) said he intends to post Senate President Richard Codey’s (D-Roseland) bill that would bar the state attorney general, first assistant attorney general and county prosecutors from running for elected office for two years after leaving their respective positions. 

But he would also like to look into expanding the legislation to include federal prosecutors.

“I would support this measure and post it for a hearing but I also want to get an opinion on whether we can apply this to U.S. Attorneys and therefore include all those who can prosecute,” Sarlo told PolitickerNJ.com. 

“Where is the county executive on this obvious boondoggle? Why didn’t he call a halt to the project and examine the costs?  Has he been influenced by the donations of Mr. Sanzari and PMK executives?” asked Yudin

SARLO STATEMENT ON FY 2010 ENVIRONMENTAL PROTECTION BUDGET

TRENTON – Senator Paul Sarlo, D-Bergen, Essex and Passaic, and Vice Chairman of the Senate Budget and Appropriations Committee, issued the following statement today regarding the Committee’s hearing on the Department of Environmental Protection (DEP) Budget for FY 2010:

“In the past few years, the DEP has established a number of programs – including permit extension and the licensed site remediation professional program – to make the State’s business climate friendlier without jeopardizing environmental quality. Particularly in this current economy, such actions to encourage business investment and speed up environmental clean-up of contaminated sites represent a welcome and needed culture change at the Department.