The cost of winning (and losing) a State Supreme Court seat

With all the hubbub about elections for executive and legislative offices, and the tens of millions of dollars spent, races for judicial seats get less attention.  In many other states judges of the state’s top court are still elected and hotly contested because of the hoped for or anticipated rulings that a court may decide in things political like legislative districting and state ballot propositions.

New York is different.  We still elect Supreme Court, County and Family Court, and municipal judges, but it has been several decades since voters elected judges to the Court of Appeals.  It was a reform, although some may argue about how well that turned out.

There were five Supreme Court seats to be elected in the eight counties of the 8th Judicial District this year.  Democratic and Republican leaders settled four of the seats before the voters had a say.  Incumbent Tracey Bannister and newly appointed Craig Hannah, who had been Chief Judge of the Buffalo City Court, were the Democrats in the cross-endorsement package.  Town Justice Kelly Vacco and Gerald Greenan were the Republicans.

The fifth seat left two candidates in a contest.  City Court Judge Shannon Heneghan was the Democratic-Working Families candidate, while County Legislator Joseph Lorigo represented the Republicans and Conservatives.  While the cross-endorsed candidates collectively spent just $7,107 in their elections, Lorigo’s and Heneghan’s campaigns together spent 92 times that amount, more than one-third of it from their personal and family finances.

Greenan had previously run and lost twice for a Supreme Court seat, spending a combined $409,109 on those two campaigns. One hundred and two thousand dollars of that total came from family funds.

  • In Lorigo’s winning effort $368,556 was raised and spent.  Seventy-four thousand dollars came from his father, Erie County Conservative Party Chairman Ralph Lorigo, while Joseph put in $20,000 of his own money.  The balance came from donations collected from many lawyers and others. 
  • Heneghan’s total spending in the campaign was $284,394.  One hundred forty thousand dollars came from her husband, Vincent Lepera, with the rest raised from fundraisers and direct donations.

Lorigo won the seat by a 55-45 percent margin.  Heneghan carried Erie County but Lorigo won in the seven other counties in the District.

The current salary of a state Supreme Court Justice is $210,900.  Over the course of the 14-year term in office that salary is likely to be increased.  Benefits in the state judicial system are excellent, including at the end a pension based on the best three years of income times the years of service.

So the gamble is large, but the satisfaction of winning a seat and the financial rewards are substantial.  There is always a line of attorneys who are interested in judicial office in New York State.

In 2023 there are currently no Supreme Court seats in the 8th Judicial District that will be on the ballot.  There will be three Erie County Family Court seats on the ballot, but with incumbents involved there will probably be some cross-endorsements in the offing.  But there’s always 2024 and beyond.

The Court of Appeals

The Chief Judge of the state’s highest court, the Court of Appeals, oversees the entire judicial system in the state, down to the local level.  Chief Judge Janet DiFiore resigned last summer with four years left on her eligibility to serve on the Court.  There has been an ethics investigation involving Judge DiFiore.

DiFiore is among the six Court of Appeals Judges who were appointed by former Governor Andrew Cuomo; the seventh judge is Shirley Troutman of Buffalo who Governor Kathy Hochul appointed earlier this year.

Several of the Cuomo appointees to the Court lean to the right on the political spectrum.  It was that block of votes on the Court that threw out the legislative redistricting of congressional districts in the state and contributed to Republican success in adding House seats from New York.

As one of her parting actions DiFiore, even though she was leaving the Court, participated in the selection of an interim Chief Justice.  Her choice in a divided court was one of her right-leaning allies on the Court, Anthony Cannataro.  Previously such temporary vacancies were filled by the Court’s most senior judge.

The permanent Chief Justice of the Court will be selected by Governor Hochul no later than December 23rd.  The Governor is required by law to choose from a group of seven potential candidates recommended to her by the state’s Commission on Judicial Nomination.  Although all of the remaining six Court of Appeals judges requested appointment to the Chief Judgeship, only Cannataro made the final list.

The Commission itself is presently made up of three members appointed by Governor Cuomo; one by Governor Hochul; four appointed by DiFiore; and four appointed by legislative leaders. So combining Cuomo’s appointees, plus DiFiore’s, plus two from the Republican leaders of the state Legislature, the candidates recommended to the Governor may leave her with a limited range of options for the appointment of the next Chief Judge.

A Christmas and New Year’s break

Politics and Other Stuff will take a holiday break.  We’ll be back in your email and twitter inboxes on January 3rd

A Christmas greeting shoutout to my editor, Paul Fisk, for all his assistance throughout the year.  Thanks also to the many folks who have provided tips and suggestions for story lines.

Wishing you a happy and healthy holiday and new year!

Twitter @kenkruly

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‘Accountability is here’: Ex-prosecutor predicts conviction after Trump hush money trial



Donald Trump is likely going to be convicted in the hush money cover-up case he's currently facing, but the real punishment is being forced to be a criminal defendant, a former prosecutor said Sunday.

Legal analyst and former federal prosecutor Renato Mariotti appeared on MSNBC's Alex Witt Reports, where he was asked about whether or not Trump will be held accountable for any potential wrongdoing.

"Big picture, Renato, do you think some sense of accountability is near for Donald Trump, given everything in his legal sphere that is going on?" the host asked.

ALSO READ: ‘Fraudulent’: Trump tormentor Lincoln Project loses big money in cybertheft scheme

"I personally think some measure of accountability is here for Donald Trump," he responded, noting that the New York trial is likely the only one to take place before the upcoming election. "I do not think he wants to be sitting in a cold courtroom. I do not think he is enjoying this experience. I think he feels humiliated. He is being ordered around by a judge referring to him as Mr. Trump and telling him what to do. I think there is already some measure of accountability."

That being said, however, Mariotti also made a prediction about the case's conclusion.

"Do I think there is likely a conviction here? Yes, I do. Obviously that is not the only piece of this that I think has an impact on Donald trump."

Watch below or click here.

Concern over commencements

With help from Shawn Ness

New from New York

Happening now:

  • Gov. Kathy Hochul is already talking with college leaders about safety concerns at graduation ceremonies.
  • Assemblymember Andrew Hevesi accused Hochul of lying about her commitments to child care.
  • Catholic Charities is displeased with the additional money for abortions in the budget, first reported by Playbook.
Gov. Kathy Hochul is already taking steps to ensure New York universities' commencement ceremonies are secure amid campus unrest.

CANCELING GRADUATION? The pro-Palestinian encampment at Columbia University has entered Day 10, and Gov. Kathy Hochul is starting to brace for the possibility that the unrest will wreak havoc on graduation ceremonies across the state.

“I need to know that these commencements are going to be safe environments as well, all across the state,” Hochul said earlier today. “That's what we're focused on right now.”

On Thursday, the University of Southern California canceled its main graduation ceremony, saying the event now requires additional security measures that aren’t feasible for the annual 65,000-person event.

Now, New York students are wondering if Columbia’s graduation, and that of other schools in the state, will also be jettisoned.

“We cannot have one group dictate terms and attempt to disrupt important milestones like graduation to advance their point of view,” Columbia University President Minouche Shafik said Monday, already foreshadowing that the protests may interfere with graduation. “Let’s sit down and talk and argue and find ways to compromise on solutions.”

Columbia’s May 15 commencement ceremonies are set to take place on the university’s main campus, including the area where the protesters have set up camp.

Shafik’s goal is to finish negotiations with protesters and have the encampment disbanded before graduation. But she already extended the deadline for negotiations with protesters by 48 hours early Wednesday. That theoretical deadline blew by earlier today, and the tents still stand.

Hochul is preparing to make sure university commencements across the state are secure. She said she’s talked to the SUNY and CUNY chancellors this morning, and she’s already spoken with the presidents of other city universities.

“I asked for information on all their commencement plans,” the Democratic governor said. “I want to know that this is well thought out. What protections do you have? Security measures in place? Additional resources you're bringing to the table?”

A canceled graduation would hit this year’s graduating class particularly hard, as most of them were forced to graduate online from high school — or from the front seat of their cars — during the height of Covid four years ago.

Spokespeople for SUNY and CUNY told Playbook that the colleges are reviewing their graduation ceremonies at the governor’s behest.

“Student safety on our campuses is paramount, and SUNY is committed to ensuring that our campuses are safe, inclusive and enable students to express themselves responsibly,” said Holly Liapis, a SUNY spokesperson. “The governor asked Chancellor King to review the procedures that are in place for this year's SUNY commencements and that review is ongoing.” Jason Beeferman

Assemblymember Andrew Hevesi wrote a pointed letter to Gov. Kathy Hochul that accused her of

‘IT IS THE LYING I CANNOT STOMACH’: Assemblymember Andrew Hevesi is knocking Hochul for enacting a budget that’s “atrocious for child care in New York State.”

In a letter sent to the governor this week and shared with Playbook, the Queens Democrat spoke in no uncertain terms about his frustration with the governor.

“It is your attempt to claim the mantle of a child care champion to whom this issue is personal, while quietly obstructing or outright rejecting the budget proposals to assist children, families, and child care providers that I cannot tolerate,” wrote Hevesi, the chair of the Committee on Children and Families.

Hevesi said the the state's first female governor has projected a message of taking action on child care when in fact she’s obstructed efforts to expand it in the state.

Specifically, he wrote how, during this budget cycle, Hochul’s administration:

  • Rejected a proposal to decouple a parent’s work schedule from their child's ability to access full-time child care.
  • Nixed proposed funding for a study on the “true” cost of providing child care.
  • Hadn’t released the final report of the Child Care Availability Task Force, even though it’s required by law. (It’s expected out today.)
  • Shot down a proposal from both chambers to create a $220 million permanent workforce fund for child care providers and educators

“Again, it is the lying that I cannot and will not stomach,” Hevesi wrote.
The governor’s office responded to Hevesi with strong words of its own.

“Governor Hochul has provided more support to the child care sector than any governor in state history, and anyone who denies that clear fact is disingenuous, misinformed, or both,” Avi Small, Hochul’s spokesperson, wrote in a statement to Playbook.

According to Small, the state has invested $7 billion over four years to expand access to child care.

He also noted how the governor has “raised the income eligibility threshold for the Child Care Assistance Program, capped co-pays for families who need child care assistance ... and allocated $350 million in supplemental aid to families through the Child Tax Credit as part of the FY25 Budget.”

Small continued: “Debate, opposition and disagreement are normal parts of the policymaking process, but attacking a fellow New Yorker on their parenting is disgusting and beneath the dignity of anyone who holds elected office.” Jason Beeferman

Manhattan District Attorney Alvin Bragg and Comptroller Tom DiNapoli teamed up to take down an NYU administration official accused of fraud.

CAUGHT IN THE ACT: Comptroller Tom DiNapoli and Manhattan District Attorney Alvin Bragg teamed up to announce that Cindy Tappe, a former finance and administration director at New York University, will have to pay over $663,00 after pleading guilty to grand larceny.

Tappe was accused of orchestrating a six-year fraud scheme totaling $3.5 million related to two different university programs. DiNapoli and Bragg claimed that she used the money for personal expenses like home renovations and constructing a swimming pool.

“Cindy Tappe executed a scheme to support her lavish lifestyle at the expense of children with special needs and young English Language learners. She is now a convicted felon and has paid back the money she stole,” DiNapoli said. “I thank District Attorney Bragg for his partnership in the investigation and in bringing her to justice.”

Tappe will now have to serve five years probation. — Shawn Ness

CONGESTION PRICING TO START: The Metropolitan Transportation Authority today said that congestion pricing in parts of Manhattan will start Sunday, June 30.

The so-called Central Business District Tolling, the country’s first congestion pricing program, will charge a $15 toll to travel below 60th Street in Manhattan, and trucks could pay as much as $36.

The program has been years in the making and faced stiff opposition from New Jersey and truckers. But the MTA said the measure is important to address gridlock and help the environment.

“Five years after the Legislature made congestion pricing New York State law, and with 4,000 pages of analysis, hundreds of hearings and outreach meetings behind us, New Yorkers are ready for the benefits — less traffic, cleaner air, safer streets and better transit,” MTA chair and CEO Janno Lieber said in a statement. — Joseph Spector

MASTRO AND COMMANDER: Another caucus in the City Council has come out with a statement bashing the likely nomination of Randy Mastro to lead the city’s Law Department — a top administration job that would entail weighing in on all manner of legislation and defending the city in court.

“Corporation Counsel is the people’s lawyer, not the mayor’s, and the people are staunchly against returning to the Giuliani era,” the statement read, referring to Mastro’s previous role as a deputy mayor in Rudy Giuliani’s City Hall. “The City Council’s LGBTQIA+ Caucus opposes Randy Mastro’s nomination to this vital position.”

The statement from the six-member collective follows similar sentiments from the Black, Latino and Asian Caucus, which expressed its distaste for Mastro in a statement Tuesday.

The body’s Progressive Caucus has already vowed to oppose the potential nomination. And multiple people told POLITICO the 30-member Women’s Caucus is likely to soon meet to discuss the appointment. The Council will ultimately have to vote on the mayor’s pick for the job.

City Hall pushed back against the caucus’ criticisms, noting that Mastro was behind a landmark 1998 law establishing rights for domestic partnerships in New York City and that he defended a prominent homeless services organization facing neighborhood opposition to a shelter being built. — Joe Anuta

Pro-Palestinian activists protest outside Columbia University in New York City on April 20, 2024.

HILLEL REACTS TO CAMPUS PROTESTS: Jewish organizations and leaders have a message for Columbia University and other institutions across the country amid ongoing pro-Palestinian encampments: Do your job and enforce code of conduct policies to mitigate antisemitism on campus.

Prominent leaders from organizations like the American Jewish Committee and UJA-Federation New York — along with Jewish students on campus — sounded the alarm on the ongoing protests at Columbia, citing Jewish students’ fears around navigating campus. The encampment is now entering its 10th day.

Adam Lehman, president and CEO of Hillel International — the largest Jewish student organization in the world — pointed to an uptick in antisemitic incidents like a Jewish student at Yale University who said she was assaulted during pro-Palestinian protests.

“Universities, if anything, have been more accommodating than they probably should be in terms of providing spaces for what is hateful, divisive rhetoric and rhetoric that marginalizes and erases the identities of Jewish and Israeli students,” Lehman said during a press conference at Columbia/Barnard Hillel’s The Kraft Center for Jewish Student Life.

He urged university leaders to enforce their policies and in “evenhanded ways,” but said that may require suspensions, expulsions or bringing in law enforcement.

“One way or another, we have to be able to depend on institutions of higher education to take back control of your campuses, counter what has truly become cultish behavior,” he added.

Brian Cohen — the Lavine Family executive director at Columbia/Barnard Hillel — as well as Linda Mirels, president of UJA-Federation of New York, were also among speakers.

Encampments have since popped out throughout the city and country, including at City College, Yale University and Princeton University. Reps. Alexandria Ocasio Cortez and Jamaal Bowman visited the encampment at Columbia on Friday.

Representatives for students in the encampment held another briefing for reporters outside of the encampment Friday afternoon. — Madina Touré

WEINSTEIN RULING: Hochul’s office is assessing the top state court ruling Thursday that overturned the New York sex crimes conviction of former Hollywood power broker Harvey Weinstein, the governor said this morning.

“We are analyzing the scale of that decision and the impact — what it means and how we can make sure that all women can feel safe coming forward,” Hochul told reporters during an unrelated event in Albany touting education policy in the state budget.

“I don't want this to be a moment of stifling the environment that was created.”

The 4-3 decision on Thursday determined Weinstein did not receive a fair trial in 2020 after a judge in the lower court allowed the testimony of multiple women who accused the former producer of sexual misconduct, but were not part of the criminal charges he faced.

The decision was not a surprise to legal experts, and Manhattan District Attorney Alvin Bragg could still reconvict Weinstein.

The court ordered that Weinstein receive a new trial; he was also convicted in 2022 of raping a woman at a hotel in Beverly Hills.

Hochul did not say if the court’s decision should lead to new legislation for how criminal cases are conducted, saying it would be reviewed.

“This decision is very recent in the Court of Appeals and is still being analyzed, and we'll see what effect it has on other courtrooms across the state,” she said. Nick Reisman

MASKS OFF: As protests at college campuses across the country continue over the Israel-Hamas war, one GOP state lawmaker wants to unmask demonstrators.

Assemblymember Mike Reilly of Staten Island today signaled he will introduce a ban on mask wearing at public assemblies and demonstrations.

“While the right to peaceful assembly and free speech are core to our national values, the deceptive use of masks pose a significant risk to public safety,” Reilly said.

The measure would create a misdemeanor charge punishable up to 90 days in jail.

If approved, it would reverse a 2020 law that allowed mask wearing in public, a change made amid the height of the Covid-19 pandemic.

At the time, lawmakers and then-Gov. Andrew Cuomo turned back what had been a century-old statute banning mask wearing in public gatherings that was meant to better address criminal activity, like the Ku Klux Klan. Nick Reisman

ABORTION FUNDING FALLOUT: The New York State Catholic Conference thinks that Hochul went overboard with the $25 million for abortion services in the state budget that Playbook this morning found.

“While families struggle to put food on the table, the Legislature and Governor are handing a windfall to Planned Parenthood. This newly enacted abortion slush fund provides $25 million to abortionists, as if the Governor’s recent unilateral allocation of $35 million wasn’t enough,” the conference’s director Kristen Curran said in a statement.

The group thinks the money would be better spent on struggling families, women in crisis and hungry children, instead of “encouraging abortion.” — Shawn Ness

FAIR HOUSING: A new assessment of fair housing issues across New York finds racial and ethnic divisions persist in living patterns, access to community resources and homeownership.

The report was part of the state’s latest Fair Housing Matters NY initiative and identifies a series of goals and action items to expand access to housing and address racial disparities.

“Today, despite the progress that has been made since the passage of the Fair Housing Act in 1968, we continue to confront the reality of inequalities in our society,” Hochul said in a statement.

“My administration is taking a multi-pronged approach to ensure New Yorkers can live where they choose, can build wealth through homeownership and can access economic opportunity for themselves and their families.” — Janaki Chadha

— A Utica University professor ended his bid for Congress. (State of Politics)

— Rep. Jamaal Bowman wanted to ban legacy admissions to universities, but two of his children might have benefited from the practice. (Daily News)

Tenants and landlords are all concerned over enforcement of good cause tenant protections. (POLITICO Pro)

Sex Workers Once Used ‘Brothel Candles’ to Time Sex with Clients?

Prostitutes allegedly used these candles widely in the late-19th and early-20th centuries, according to viral posts.

‘His days as Speaker are numbered’: Marjorie Taylor Greene renews threat to Mike Johnson



U.S. House Speaker Mike Johnson (R-LA) has tried to build bridges between himself and Rep. Marjorie Taylor Greene (R-GA) since she first raised the threat to oust him as Speaker. However, Sunday, Greene renewed her vow to take him down.

After initially threatening to bounce Johnson from his gig as the leader of House Republicans, Greene backed off and insisted that Republican lawmakers go home and listen to their constituents about it. This was also after Donald Trump publicly backed the Speaker.

Now, it appears she is back on the warpath against the Louisiana conservative.

ALSO READ: ‘Fraudulent’: Trump tormentor Lincoln Project loses big money in cybertheft scheme

Greene on Sunday shared a report suggesting that Ukrainian leader Zelensky had announced "that Ukraine is working on a security agreement with the U.S. that will fix levels of support for the next 10 years."

"The $61 billion was just the beginning. The next two U.S. presidents won’t be able to switch it off," the individual stated.

In response, Greene claimed "Permanent funding for Ukraine is exactly what they want and Mike Johnson will give it to them."

"Peace is not an option for them because it doesn’t fit the government appropriations war business and economic model, which is vile and disgusting," she added. "They’re plan is keep funding the proxy war with Russia in Ukraine and when that doesn’t work, after all the Ukrainian men have been slaughtered, next they will put American troops on the ground."

Then, she went off on Johnson.

"Johnson will do whatever Biden/Schumer want in order to keep the Speaker’s gavel in his hand, but he has completely sold out the Republican voters who gave us the majority," she said. "His days as Speaker are numbered."

Kentucky representative Thomas Massie also shared Greene's post on his own social media account Sunday.