The battle in the Lopez-Torres case wages on.
Judge Margarita Lopez-Torres had filed a federal lawsuit challenging the manner in which New York Supreme Court Justices were nominated for election. Both the United States District Court for the Eastern District of New York (Judge John Gleeson) and the United States Court of Appeals for the Second Circuit determined that the nominating process -- known as the "judicial convention system" -- was constitutionally violative and thus required remediative action by the New York State Legislature.
Until that occurs, the federal court directed that there be open primaries for judicial slots, much like other elective offices. That determination was stayed pending an appeal to the United States Supreme Court -- our nation's highest court.
In a brief dated May 7, 2007, the Asian American Bar Association of New York (AABANY) has voiced an objection to the notion of "open primaries," claiming that such a process will have a "direct and negative impact" on Asian Americans.
AABANY asserts, in part, as follows:
With the stroke of a pen, the state judiciary is now burdened with the prospect of expensive campaigns for electoral office. In doing so, the courts below eviscerated the aspirations of Asian Americans to "meaningfully participate" in their own efforts to seek judicial office because Asian American candidates cannot raise the necessary funds or overcome ethnic bloc voting that is stacked against small minority groups all in the name of amorphously named so-called challenger candidates that by definition lacks support.
While we are empathic to AABANY's position, we must respectfully disagree.
A number of Asian American candidates hold elective positions here in the City of New York, with several (that we know of) having prevailed after hotly contested primaries.
As the hoopla over the 2008 presidential race reinforces, a run for office requires that contenders raise considerable capital. It's apparently one of the necessary evils of our democracy.
While we understand that not everyone can muster the support required to mount a successful campaign, we do not believe the answer is to deny voters a direct say in the process (whether the candidate is running for judicial office or otherwise).
We would prefer to steer clear of the clubby, back-room politicking of old, and believe the solution is to reform our campaign financing laws, so that candidates who might otherwise be unable to fund a run, would have a somewhat easier time of having their voices heard by the people of our great City and State.
For a copy of the Association's brief, please use this link: Asian American Bar Association's Amicus Curiae Brief