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ALBANY – Jonathan Lippman, the seasoned administrative judge who has been presiding justice of the Appellate Division, First Department, since 2007, was tapped yesterday by Governor David A. Paterson to become the state’s next chief judge, said several sources who had been informed of the choice. Mr. Paterson told Justice Lippman ( See Profile) yesterday afternoon that the governor would send the presiding justice’s name to the state Senate for confirmation, sources said. The governor plans to formally introduce Justice Lippman as his choice at a Capitol news conference today. Justice Lippman would succeed Judith S. Kaye, 70, who stepped down last month due to mandatory retirement rules. Judge Kaye was the first female on the Court of Appeals and its longest-tenured chief judge ever with more than 15 years in the post. For much of that time, she and Justice Lippman, 63, worked closely promoting the former chief judge’s agenda, including creation of more specialty courts and trying to make jury duty less onerous. Justice Lippman served as the state’s chief administrative judge from 1996 to 2007, the longest anyone has spent in that top job ( NYLJ, Oct. 9, 2007). But the pair were unsuccessful in convincing state lawmakers to approve the first pay raise for state judges since 1999, a campaign Justice Lippman is certain to take up anew as chief. Judge Kaye’s 2008 suit to force the Legislature and governor to give the judges a raise is pending before Manhattan Supreme Court Justice Edward H. Lehner. Judge Kaye said yesterday in an interview that she is “very, very pleased” and “very excited” by Mr. Paterson’s selection of Justice Lippman. “I think the governor made a wonderful choice,” she said. And while Justice Lippman would undoubtedly blaze his own trail as chief, Judge Kaye said she would be “fibbing” if she did not hope he would continue many of her policies and initiatives. If confirmed, Justice Lippman would only be able to serve about half of a full, 14-year Court of Appeals term. He would be forced to step down at the end of 2015, the year in which he turns 70. In addition to supervising the work of the seven-judge Court of Appeals, the chief judge oversees the work of the state’s Unified Court system, which has a $2.5 billion annual budget and more than 16,000 employees. The courts had more than 4.3 million new filings last year. Justice Lippman’s long experience as chief administrative judge was thought to give him a leg up against the six other chief judge candidates proposed to Mr. Paterson by the Commission on Judicial Nomination. At the First Department, Justice Lippman has been credited with a dramatic reduction in the time it takes to decide cases and in getting panels to issue rulings sooner in complex and long-delayed cases ( NYLJ, Sept. 25, 2008). The other chief judge candidates forwarded to the governor by the Commission on Judicial Nomination were Court of Appeals Judges Theodore T. Jones Jr. and Eugene F. Pigott Jr., Second Department Justice Steven W. Fisher and private practitioners George F. Carpinello of Boies, Schiller & Flexner in Albany, Evan A. Davis of Cleary Gottlieb Steen & Hamilton and Peter L. Zimroth of Arnold & Porter. Initial ‘Outrage’ Mr. Paterson immediately criticized the list when it was released early last month for its lack of diversity – only one of the nominees is black, Judge Jones, and no women made the list. Mr. Paterson’s aides said the governor was disappointed that the senior associate judge and only Hispanic on the Court, Carmen Beauchamp Ciparick, did not make the final cut. Mr. Paterson said he was “outraged” by the racial and gender composition of the list, but conceded he was prohibited by law from submitting a name to the Senate that was not forwarded to him by the panel. He also said it was unfair to the candidates who had gone through the commission’s screening and interview process to scrap the list and start a new search, even if it was legal ( NYLJ, Dec. 4). Mr. Paterson asked Attorney General Andrew M. Cuomo to review the recruitment and screening procedures used by the commission and recommend ways to make the process more open and inclusive. The governor has yet to propose changes in the commission selection process. Jonathan Lippman, 63

Judicial experience: presiding justice, Appellate Division, First Department, 2007-present; chief administrative judge, 1996-2007; Westchester County state Supreme Court justice, 2006; judge, Court of Claims, 1995-97 and 1998-2005 Other experience: deputy chief administrator, Office of Court Administration, 1989-95; principal court attorney, chief clerk and executive officer, Supreme Court, Civil Term, Manhattan, 1977-89; law clerk to Supreme Court Justice Samuel A. Spiegel, 1975-76; law assistant, Supreme Court, Manhattan, 1968-74 Party affiliation: Democrat Birthplace: New York City Colleges: B.A., New York University, 1965; J.D., New York University School of Law, 1968 Personal: Married to wife Amy; two children Term as chief judge would end on Dec. 31, 2015

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