The New York Times periodically turns over the rock known as judicial selection in the Big Apple, and lo and behold, the nasty little critters underneath always seem to be thriving. This time it’s a story on corruption in the Bronx, where a Democratic party boss seems to have punished a local judge for refusing to hire his hand-picked crony as a “confidential assistant.”
What a colossal embarrassment. Why do New Yorkers tolerate this?
Two remarkable, parallel stories broke this week, each involving the transfer of a state judge to another division within the court system. In Pennsylvania, Judge Lyris Younge was transferred from her longstanding seat in Philadelphia Family Court to the Court of Common Pleas Civil Division. It’s an odd move, given that Younge has almost no civil experience, and that the Civil Division is typically a landing spot for the state’s most highly competent judges. Insiders speculate that the transfer was an administrative effort to “hide” Younge in the Civil Division until an ethics probe related to her (apparently obnoxious) behavior in the Family Court is resolved.
In an eerily similar move in New York, Judge Armando Montano was reassigned from his longstanding seat on the Bronx Criminal Part to the Bronx Domestic Violence Part–a change that Judge Montano has characterized as a “disguised punishment.” Montano argues that moving him from felony cases to domestic violence cases is essentially a demotion. The court administrator disagreed, claiming that it was a “routine administrative reassignment” and that the domestic violence cases that Montano would be handling are “complex.”
The players in both stories seem to be hiding key facts here. Surely there was something specific motivating the transfer to Judge Montano, who is nearing retirement, to an entirely different division. And surely there is some internal reason for transferring Judge Younge to a division in which she has virtually no experience. And those reasons must be significant, since the outcome in both cases is worse for the litigants who are now slated to appear before the judge. Bronx DV litigants can look forward to a disgruntled Judge Montano, who believes that he is above having to rule on their cases. And Philadelphia litigants can hold their breath over Judge Younge’s competence to decide their matters–not to mention her own anger over reassignment. The judges, of course, are keeping mum about their respective behaviors that led to the reassignments.
These incidents keenly demonstrate the complexity of organizational management within a court system. Unable to completely remove judges (who, for reasons of competence, ethics, temperament, or some combination of the three) should not be on the bench, court administrators have to resort to reassignment mechanisms to reduce ongoing problems. When the issues are made public, there is often little they can say. But we can surely read between the lines.