Former Nassau Judge Loses JHO Bid in Circuit
A former state judge’s bid to win appointment as a judicial hearing officer has been shot down by a federal appellate court. A week after hearing arguments in Levine v. McCabe, 08-0296-cv, the U.S. Court of Appeals for the Second Circuit Friday affirmed several Eastern District Court decisions dismissing the action by Samuel M. Levine against court administrators. Mr. Levine, a District Court judge in Nassau County from 1997 until 1999, was forced to quit when he reached the constitutionally-mandated retirement age of 70. Mr. Levine applied several times for appointment as a JHO, but was rejected. He alleged that he was denied the opportunity because then-Nassau County Administrative Judge Edward McCabe was a Republican and he was a Democrat. He also claimed that he was a victim of discrimination due to his age. The court system responded that the decision not to appoint Mr. Levine was based on his qualifications, but in any case, JHOs are policymakers and lack First Amendment protection against political patronage appointments and dismissals. Eastern District Judge Denis Hurley agreed, granting summary judgment to the state in 2007. Levine v. McCabe, 2007 WL 4441226. In a one-page unsigned order Friday, Circuit Judges Roger J. Miner, Jose A. Cabranes, and Peter W. Hall upheld the lower court’s “careful and comprehensive orders” and found Mr. Levine’s arguments “unavailing.” Thomas Liotti, Mr. Levine’s attorney said that his client, now 79, still would like to be a JHO. — Vesselin Mitev
