Senate Leadership
April 25, 2006
Williams, Senator McDonald Dismiss Zarella Withdrawal as Tactical Move
Key questions remain as to what Governor and Justice Zarella knew
State Senate President Pro Tempore Donald E. Williams, Jr. (D-Brooklyn) and Sen. Andrew J. McDonald (D-Stamford), co-chair of the legislature's Judiciary Committee, today dismissed the withdrawal of state Supreme Court Justice Peter Zarella as nominee for Chief Justice as a tactical move designed to maintain his viability for re-nomination by Governor Rell.
"We made it clear we would not take up the nomination this legislative session," Sen. Williams said. "Justice Zarella responded by withdrawing his name for consideration in the current legislative session. But that does not end the questions raised by the deliberate campaign to mislead the legislature engaged in by Justice Zarella's friend and ally, Justice William Sullivan."
The important questions include:
- If the governor knew nothing about the plans for Justice Sullivan to retire until she saw his letter of March 15, 2006, as she has stated, then why was Justice Sullivan ordering a judicial decision to be withheld from public disclosure which he considered to be unfavorable to Justice Zarella (regarding the Freedom of Information Act and the Judicial Department) in order to advance Zarella's chances to be Chief Justice on March 14, 2006- how did he know Zarella would be Governor Rell's choice if he had not discussed this issue with Governor Rell?
- Justice Zarella says he did not know that Justice Sullivan held up the release of the judicial decision on March 14. Why didn't Justice Zarella speak up when weeks went by and the judicial decision held up by Justice Sullivan failed to appear?
- What did the governor know, if anything, about the efforts of Justice Sullivan to mislead the legislature?
- Why was the governor adamant in rushing the Zarella nomination through the legislature?
- What answers does Justice Zarella have regarding Justice Borden's stated concerns that Justice Zarella was not forthcoming regarding certain facts and statements in a letter regarding Justice Sullivan's withholding of a judicial decision?
"Justice Zarella's request to the governor to withdraw his nomination is nothing more than a recognition of the obvious: In no way could the legislature, in good conscience, vote on this nomination under these circumstances," said Sen. McDonald. "In considering what nominee Gov. Rell ultimately forwards to us, she should weigh not only the quality of that person as a jurist, but his or her qualifications as CEO of the Judicial Branch and his or her ability to bring cohesion and consensus to the Court."
Added Sen. Williams, "Many important questions need to be answered for the public to have confidence in this and any other nominee for the top Judicial Branch position."
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