By MATT CHANDLER
Buffalo Law Journal

If you've been wondering who the governor was going to tap to fill the state Supreme Court vacancy left by the resignation in March of former justice Hon. Joseph Makowski, you weren't alone.

After a mid-July press release trumpeting the nomination of Buffalo City Court Judge Hon. Robert Russell to fill the open seat - Russell subsequently turned down the post, citing uncertainty as to whether he'd have the political backing to be re-elected to a full term - Paterson's office went silent.

It was an Albany newspaper's Web site, timesunion.com, that first reported, on July 15, that not only had Paterson nominated a replacement for Makowski, but that Hon. John Collins of the Bronx had been confirmed by the state Senate to fill the 8th District vacancy.

Despite that news, there were no press releases or statements confirming the nomination, as is the governor's usual practice when judges are appointed.

Collins has spent the last seven years as the administrative judge for the Bronx County Supreme Court, Criminal Division. In his new assignment, he will remain downstate, hearing cases through the end of his interim term, which ends in December. A full-term successor will be named following the November general election.

The appointment makes Collins, 69, eligible to apply for up to three two-year terms as a Supreme Court justice on senior status once he turns 70.

Candidates for trial-court judgeships in New York are vetted by one of four screening committees statewide. Those who receive a "highly qualified" rating from the committee are forwarded to the governor for his consideration.

Dianne Bennett, chair of the Judicial Screening Committee for the 4th Judicial Department, which covers the Buffalo and Rochester areas, said she could not confirm whether the committee had screened Collins or any other particular candidate. In more than 10 years on the committee, she said, she couldn't recall an instance where an opening was filled by a judge who would serve outside the district in which he was nominated.

"My guess is that it has happened before," she said of the out of district appointment. "It may be unusual, but it's not unheard of."

Another Screening Committee member, Robert Fine, founder and chair of Hurwitz & Fine PC, said he would have preferred to see a local candidate chosen to fill the seat. The selection of an out-of-area judge, he said, "is unfortunate for Western New York."

"But apparently, the governor is permitted to name somebody to a vacancy in the 4th Department but have that judge sit in the 1st or 2nd Department," said Fine, who called the nomination "highly unusual."

"The unfortunate result is that the 8th Judicial District is without a judge until January because there was no interim appointment here," he said. "It's frustrating to have a vacancy, and to not have it filled to take part of the caseload that the 8th District judge would normally take," Fine said.

Andrew Isenberg, executive assistant for the 8th District, confirmed that Collins would not be presiding over any Western New York cases, but said he didn't think sitting judges would have to struggle with the extra caseload. "I think we are going to be able to manage," he said.

Asked if Paterson's nomination of Collins could mean that no candidates locally met the "highly qualified" standard, Bennett said, "I can tell you there were (qualified candidates)."

"Since there were highly qualified people on our list, why wouldn't (the governor) appoint one of them?" Fine asked. "The vacancy is here. It isn't downstate, it is here."

Collins began his legal career in the New York County District Attorney's office in 1963. He is a graduate of Fordham University and the New York University School of Law.

Multiple calls to the governor's press office seeking comment on the appointment, dating back to July 23, were not returned by deadline. In two separate calls to his Bronx chambers, staff members said that Collins was not available for comment.