Tuesday, February 14, 2023

Starting a closer look at this year's Associate Judge finalists

Updated February 17
Corrected February 16

The pattern is that there is no pattern.

According to conventional wisdom, those who fell short on the Short List were never heard from again: That path to the bench was effectively foreclosed and the disappointed finalists had to seek election or abandon the judicial dream.

That's certainly the perception I had, when I first started covering this beat. But, over the years, I've become more systematic:

Five of the 26 finalists on the 2016 list were carryovers from the 2014 Short List. Two of the five were selected.

Only two of the 34 finalists on the 2018 list were carryovers from the 2016 selection -- although both were selected.

But, then, in 2019, eleven of the 30 finalists were carryovers, 10 from the 2018 list and one from 2014. (Seven of these were ultimately selected, six from the 2018 list, and the carryover from 2014.)

A new trend? A pattern change?

Nope. The 44 persons who made the 2021 Short List included only four persons from the 2019 list and another from 2016. On the other hand, four of those five former finalists were selected in 2021.

Which brings us to the current list, also including 44 persons. But, this time, there are 14 finalists from former lists, 10 from the 2021 Short List. These returning finalists are Sunil Shashikant Bhave, Gabriel Joseph DeMatteo, Athena James Ferentzas, Lakshmi Elkhanialy Jha, Edward James Maloney, Scott Norris, Mary Anna Planey, Parle M. Roe-Taylor, Pamela Saindon, and Scott William Tzinberg. Maloney holds the distinction of having been a finalist in both 2021 and 2019.

Also returning from the 2019 list are Jennifer Frances Coleman and Monique LeneƩ Patterson. Tisa Lynn Morris was on the Short List in 2018. Lester Wolfe Finkle was a finalist in 2012.

So -- sometimes -- maybe -- falling short on the Short List is not the end of the road. But one would not have to scan very far down the 2022 applicant list to find former finalists who were passed over this time.

This new list is remarkable in another way as well: There is only one former judge among the finalists. That would be John Wellington Wilson, who came up short in his attempt to hold the 1st Subcircuit seat to which he was appointed by the Supreme Court in 2021. Wilson was a sitting judge when applications were solicited for this class; a number of his appointed colleagues fared better in last June's primary. But there are always former judges seeking to return to the bench in every class of applicants -- although perhaps not as many in this group as in past years.

Many of the persons on the current Short List have previously sought election to the bench, whether in 2022 or before. Three, however, were among the many 'pre-slated' candidates named for the 2022 primary by the Democratic Party back in December 2021. These three finalists are Jennifer Callahan, Pam Saindon, and Debjani Desai.

Over the next week or so, as time permits, I'll start rolling out brief biographical sketches of all 44 finalists. Because there are so many, I anticipated doing four of these posts, profiling 11 candidates each. My thanks to the many candidates who have already supplied current headshots and bios for my use in this regard. I will continue to accept these as they come in. (Candidates: If you haven't already done so, email your information to jackleyhane@yahoo.com.)

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