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Lacking a U.S. senator of the same political persuasion as the new president-elect, New York Republican Representative Benjamin A. Gilman expects that he and New York Governor George Pataki will play the lead roles in recommending candidates for federal judgeships and U.S. attorney positions in New York, according to a spokesman. A spokesman for Representative Gilman, of Rockland County, said Tuesday that since both of New York’s senators, Charles Schumer and Hillary Rodham Clinton, are Democrats, the Bush Administration will be looking to the senior Republican member of the state’s congressional delegation. That is Representative Gilman. Andrew Zarutskie, the congressman’s spokesman, said Pataki will have a voice in the matter “because Mr. Gilman wants him to. As a courtesy, he felt he should.” It remains unclear what procedures will be followed. “After the inauguration, we will be talking to administration officials to see exactly what they are looking for and what they expect from us,” Zarutskie said. Gilman, who is beginning his 15th term, and Pataki are both attorneys. The congressman is a 1950 graduate of New York Law School. The governor graduated from Columbia Law School in 1970. Although all U.S. district judges and U.S. Attorneys are appointed by the president, traditionally the chief executive accepts the recommendations of a senior senator of his own party. However, for the first time since the early 1960s, neither of New York’s senators is a member of the same party as the president-elect. In that situation, the power to pick judges and prosecutors falls to a senior congressman, according to Zarutskie. For the last 24 years, New York’s senators have shared judicial picks on the basis of a deal worked out in 1977 by then-Senators Daniel Patrick Moynihan, a Democrat, and Jacob Javits, a Republican. Under the arrangement, the senator whose party controlled the White House would select three of every four judges. U.S. Attorneys of either party who had been appointed by the prior administration to a four-year term and confirmed by the Senate would generally be allowed to serve out their term. In other words, Moynihan gave up one in four judicial picks to the Republicans during the Carter and Clinton years, and Republican senators returned the courtesy during the Bush and Reagan presidencies. Zarutskie said the role of New York’s Democratic senators in the selection process is not yet certain. “I am sure the congressman will welcome the input [of Senators Schumer and Clinton], but what the nature of that will be we just don’t know yet,” Zarutskie said Tuesday. Sources close to the situation said they expect President Bush and New York’s Republican delegation to work with New York Democrats. Senator Schumer sits on the Judiciary Committee and, as a practical matter, it would be difficult for the GOP to get any of their nominees through the committee unless the senior New York senator signs off.

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