In June, I flagged an interesting story of five judicial candidates in Brooklyn who are aggressively running against the Democratic Party machine. These candidates, led by John O’Hara (a lawyer with a colorful and checkered past), assert that the borough’s independent screening panel is really just an arm of the local Democratic Party, and subject to the wishes of party bosses. All but one of the insurgent candidates has refused to go before the panel .
With the primary about a month away, the New York Law Journal weighs in with an article that captures the essence of the insurgency, as well as the establishment position. The crux of their claims: the party asserts that the 24-member screening panel simply determines candidates’ fitness for the bench, and expects no quid pro quo for the candidates it deems qualified. The O’Hara group alleges that the panel is essentially a mechanism for attorney members to receive future favors from the candidates they endorse.
I generally favor screening panels or nominating commissions as part of a comprehensive judicial selection process. But this challenge makes clear that if the panel itself is not seen as legitimate, neither will the judicial candidates it endorses. And New York has a long and unfortunate history of party boss control over the selection of local judges. We’ll see how it plays out at the September 12 primary.