Reproduced with permission of The Journal News.
Town sued over lack of judicial primary
By JOSEPH AX
THE JOURNAL NEWS
(Original publication: August 5, 2004)
GREENBURGH — Judah Shapiro, a Hastings-on-Hudson lawyer, has filed a lawsuit charging that the Town Board and members of the Greenburgh Democratic Committee conspired to deny a primary for the town's newly created third judge position.
U.S. District Judge Colleen McMahon is scheduled to hear arguments from both sides this morning. The suit was filed in federal court in White Plains, arguing that Shapiro's constitutional rights were violated.
The lawsuit has raised a host of political issues.
Supervisor Paul Feiner, a Democrat, yesterday accused other Town Board members of illegally authorizing Town Clerk Alfreda Williams, via phone conversations, to sign an agreement with the Washington-based Perkins & Coie law firm Saturday, three days before they officially approved the move. The firm will represent the town in defending the lawsuit.
Robert Freeman, director of the state Committee on Open Government, supported Feiner's accusation, saying the board should have met formally before the deal was signed.
Board members, meanwhile, said they feared the town's attorneys faced a conflict of interest because Tim Lewis, one of the town attorneys, has said he would like to run for the judgeship in a primary. In addition, Feiner has expressed support for a primary, a fact Shapiro emphasized in his complaint.
On June 30, Gov. George Pataki signed a bill into law, which authorized the town to create the third judgeship. At its regularly scheduled July 14 meeting, the Town Board approved the position, a day before the county deadline for filing petitions to join a primary ballot. The third judge will be elected in November. Without a primary, each political party will select candidates at September conventions.
Shapiro has accused the party and the all-Democratic board of avoiding a primary to favor Jim Hubert, a lawyer and member of the Planning Board, who earned the endorsement of the Greenburgh Democratic Committee's executive committee in June. Shapiro claims the board refused to call a special meeting earlier as a way to prevent candidates from filing petitions with the 1,000 signatures required for a primary.
At a hastily scheduled meeting Tuesday, the Town Board voted 3-1 to hire Perkins & Coie for $320 an hour. Feiner, who voted against the motion, called the decision "a total waste of money." According to Feiner, the lawsuit is so frivolous that "anyone out of first-year law school could have won this." He also charged the board with violating open government laws.
But other board members said it was necessary to move quickly.
"There's nothing wrong with the Town Board approving a contract retroactively," said board member Steve Bass, "especially in a situation where we knew we had to file the legal papers on a Monday, and we were served on a Thursday."
Several board members said retaining Perkins & Coie was essential, given the lack of constitutional or election law expertise among town attorneys. In addition, board member Eddie Mae Barnes said, the board was concerned about a conflict of interest, given Lewis' and Feiner's opinions.
"I can't support his position, because I work for the town and I work for the Town Board," Lewis said of Shapiro yesterday. "However, I recognize that if he's victorious, it benefits me. His position is my position, to some extent, even though I can't corroborate collusion between the Town Board and the Democratic Town Committee.
"I don't think it's any secret that several people have expressed their support for Jim (Hubert)," he added.
Feiner said yesterday he still supports a primary. Democratic Committee Chairwoman Suzanne Berger has said that the committee did nothing wrong and did not conspire against a primary.
Reach Joseph Ax at jax@thejournalnews.com or 914-694-5064.