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Press & Sun-Bulletin, Binghamton, NY, July 14, 2009

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Press & Sun-Bulletin, Binghamton, NY, July 14, 2009 Press & Sun-Bulletin, Binghamton, NY, July 14, 2009 Ravitch appointment heads to court: Paterson insists The debate among lawyers, constitutional ex- naming lieutenant gov. was legal perts and Paterson is centered on interpretations of By Joseph Spector the state constitution and the public officers’ law. Paterson and those who support his position point to section 43 of the public officers’ law. It ALBANY — Since 1892, there have been 10 vacan- states, in part, that when a vacancy arises midterm in cies in the office of lieutenant governor. Never has a an elective office without a clear provision to fill the governor sought to fill the vacancy by appointment post, “the governor shall appoint a person to execute — until last week. the duties thereof until the vacancy shall be filled by Gov. David Paterson’s move to unilaterally fill an election.” the position is challenging the reach of his office and They interpret that to mean that Paterson can is expected to eventually be heard by the state’s high- fill the lieutenant-governor vacancy. est Court of Appeals. “There’s enough language in the constitution Paterson last Wednesday picked Richard and the statutes to support the governor’s actions,” Ravitch, former head of the Metropolitan Transpor- said Richard Briffault, a professor of legislation at tation Authority, as second-in-command amid the Columbia Law School and vice chairman of Citizens month-long leadership fight in the Senate. Union, an advocacy group that recommended Pater- Without a lieutenant governor, the Senate presi- son fill the position. He is also advising Paterson on dent would succeed the governor. But with the Sen- the case. ate presidency in dispute during the standoff, Other scholars believe Paterson is overreach- Paterson said he needed a clear line of succession and ing. They cite history and article IV of the state con- needed to fill the lieutenant governor seat, which has stitution, which spells out the succession if the been vacant since he left in March 2008 to succeed lieutenant governor post is vacant. Eliot Spitzer. With succession addressed in the constitution, Even after the Senate fight ended Thursday, that eliminates a governor’s ability to fill the posi- Paterson insisted the Senate remains “fragile” with a tion, some experts argue. In the mid-1980s, the state 32-30 majority. Law Revision Commission found the succession Paterson has hired a team of private attorneys to lines were clear. defend him in a lawsuit by Senate Republicans that “It’s my basic belief that it’s probably an im- challenges the appointment. It’s unclear how much proper appointment,” said Bennett Liebman, execu- the legal team will cost taxpayers after Attorney tive director of the Government Law Center at General Andrew Cuomo, who ruled the appointment Albany Law School. would be illegal, declined to handle the case. History is also on the opposite side of Pater- The lawsuit is to be heard Wednesday in state son’s argument. The section in the public officers’ Supreme Court in Long Island. law cited by Paterson has been on the books since 1892, and never has a governor looked to it to fill the vacancy. 1 In 1973, for example, Malcolm Wilson left the court that this is a legal, constitutional appointment position to succeed Gov. Nelson Rockefeller, who to the office of lieutenant governor.” resigned. But Wilson didn’t name a new lieutenant governor. In 1985, then-Gov. Mario Cuomo left the lieutenant governor post vacant until after the 1986 Additional Facts election after Westchester County politician Alfred VACANCIES DelBello resigned. Since 1892 there have been 10 vacancies in the In both instances, then-Senate Majority Leader state’s lieutenant governor position, according to the Warren M. Anderson, a Republican from Albany Law School’s Government Law Center. Binghamton, held the duties of lieutenant governor. Here’s a look at the list: “There’s a presumption we have not used it be- l Matthew Linn Bruce resigned in December cause it does not apply,” Gerald Benjamin, a politi- 1906 after losing in November election. cal-science professor at the State University of New l Horace White became governor in 1910 upon York at New Paltz, said of the public officers’ law. resignation of Gov. Charles Evans Hughes. When then-Lt. Gov. Thomas Wallace died in the office in 1943, the Court of Appeals ruled there l Martin Glynn became governor in 1913 after must be a special election to fill the position, rather impeachment of Gov. William Sulzer. than considering the public officers’ law. Angered l Jeremiah Wood resigned in September 1922 to by the ruling, then-Gov. Thomas Dewey convinced take judgeship. the Legislature to change the constitution to prohibit the position from being filled by special election. l Charles Poletti became governor in 1942 for 29 days after resignation of Gov. Herbert Lehman. The Court of Appeals will likely be called upon again, some experts expect. l Thomas Wallace died in office in 1943. “I think it’s likely they will accept this case,” l Frank Moore resigned in September 1953. said Robert Ward, deputy director of the Rockefeller Institute of Government. l Malcolm Wilson became governor in 1973 when Gov. Nelson Rockefeller resigned. Paterson concedes the law isn’t clear-cut, but he argues his decision will hold up in court. l Alfred DelBello resigned in February 1985. “It’s not the clearest delineation of duties that l David Paterson became governor in March the constitution can find,” he said, “but we are ready 2008 when Gov. Eliot Spitzer resigned. to (with)stand any court action to demonstrate to the 2.
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