By KELSEY SWANEKAMP
Buffalo Law Journal

After turning down a nomination to the New York State Supreme Court, Hon. Robert Russell Jr. will continue the work that gained him national notice in Buffalo's treatment courts.

On June 17, Gov. David Paterson released Russell's name as his nominee for the vacant seat, but Russell issued a press release two days later declining the appointment.

Russell pointed to a lack of support from Erie County Democratic Committee Chairman Len Lenihan as the primary reason for withdrawing his name. Without Lenihan's backing, he said in the release, winning the November election would be difficult.

"I didn't know whether I would have the party chairman's support. It wasn't anything personal, there were other issues with supporters of mine," Russell said in a phone interview Monday. He added that he thought Lenihan's decision was "mostly political."

A spokesman for the county Democratic Committee said that Lenihan would not be available for comment this week. Attempts to reach several other members of the committee were also unsucessful.

Calls to the governor's press office were not returned by deadline.

Russell also cited the ongoing state Senate turmoil as a reason for declining the nomination. He said the decision to pass on a possible Supreme Court appointment was difficult.

"I had to really do some soul-searching and pray," he said. "With the work I do and the work I love, I had to make sure it was the right decision."

With the uncertainty of a speedy confirmation process by the Senate and the lack of declared party support, Russell said, there was too much risk involved in accepting the nomination.

"If you can't even get on the ballot, it makes no sense to resign," he said.

"His decision was weighed on many things, including politics, but also his commitment to the work that he's done," said Hank Pirowski, project director of the Veterans' Treatment Court, one of three specialized Buffalo City Court divisions Russell presides over. He also oversees the Mental Health and Drug treatment courts.

Patrick Welch, director of the Veterans Service Agency, said that many of the veterans were pleased that Russell would continue his work with the court.

"He is a unique and inspiring man. There's 115 veterans (in the court) who can speak personally to his integrity, credibility and compassion," he said.

Russell said that he appreciated the support of veterans. "After a trying week," he said, "that felt very good."

While saying he was "glad" Russell would be staying on in City Court, Pirowski called the situation "unfair."

In New York, a candidate must win a nomination from a closed judicial nominating convention, which is tightly controlled by the party, to get on the ballot. The issue went before the U.S. Supreme Court in 2007, which affirmed unanimously the following year that the system was constitutional.

"It's a shame that the people don't have the opportunity to choose," said Pirowski, hinting at alternative methods for selection of candidates, such as through open primaries. "It's a shame that the value of what he does isn't recognized."

Still, Russell said that he didn't think of turning down the nomination as the end of his chances for advancement in the courts.

"I'm always hopeful for the future," he said.