Figure it Out: Judge to Pols
Reach a compromise over the weekend, judge tells lawyers
By JENNIFER MILLMAN
Updated 12:02 PM EST, Sat, Jun 13, 2009
New York politicians have the weekend to figure out who the heck controls the senate in Albany, but it's unlikely any compromise will be reached before Monday.
I don't want to have to get involved, but I will. That was the message from Supreme Court Justice Thomas McNamara, who said yesterday he didn't want to have to arbitrate the "absurd" dispute. He assured lawyers for ousted Senate Majority Leader Malcolm Smith and state Sen. Pedro Espada Jr. that it would be "in everyone's best interest" to reach a compromise over the weekend, according to The New York Post.
If no agreement is reached, McNamara is prepared to lay down the law on Monday. He scheduled a hearing for 9:30 a.m. and plans to make a decision before the 3 p.m. session.
Smith went to court Wednesday night, charging the vote that proclaimed Espada president of the chamber was "illegal" and demanding it be annulled. The GOP argues that the Republican-backed coup that deposed Smith on Monday was legal, and they want McNamara to nullify the Democrats' opposition, adding that the courtroom has no jurisdiction over what happens within the confines of the Senate chamber.
Espada doesn't think the warring factions will be able to reach a solution.
"I do not think there will be a political remedy," Espada said. "There is no negotiated settlement possible because what happened Monday speaks for itself, was legal, and will stand."
Democrats have thrown up their hands in terms of the dissident Espada, but now they are trying to court Queens Sen. Hiram Monserrate, the other Democrat who joined with the Republicans to seize control of the Senate on Monday. If the Dems get Monserrate to change sides again, they'd have a deadlock 31-31 vote in the chamber with no incumbent lieutenant governor to break the tie, according to The New York Daily News.
Espada says he's spoken with Monserrate several times and assured the paper that the Queens politician backs him for Senate president and the coalition government.
"He's under tremendous pressure with all sorts of people still calling him. The Democratic conference is using the judicial system to buy time so that they can harass, arm twist and intimidate my partner."
New York politics has been in a weeklong whirlwind of confusion and indecision since the Republicans overthrew Smith on Monday. Shocked Democrats walked out and have since withheld the keys to the chamber, which led to the coalition using an unauthorized key to open the chamber Thursday.
Later that afternoon, lawyers for the Democrats took their case to a higher court. Appellate Division Justice Karen Peters temporarily ordered that Espada couldn't succeed the governor if the job should become vacant, but left the broader arguments over which group should control the Senate to court hearings on Friday. But both sides claimed victory.
Gov. David Paterson said he still recognizes Smith, a Queens Democrat, as majority leader and said he will call the Legislature back to Albany if they end the session without resolving several major issues, including whether to legalize same-sex marriage.
However, Democratic lawmakers have all but officially turned the reins over to Brooklyn Sen. John Sampson, according to the Post.
Monserrate hailed Sampson as a "breath of fresh air" in an interview on NY1 last night, calling it the right move for Democrats to move beyond Smith and nurture a new leader.
Copyright Associated Press / NBC New York
First Published: Jun 13, 2009 8:42 AM EST
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