Gov. Spitzer announced yesterday that long-time Chief Administrative Judge Jonathon Lippman has been appointed Presiding Justice of the Appellate Division, First Department.  That’s the court with the really cool building across from Madison Square in Manhattan.

We’ve heard plenty from Judge Lippman over the years in his position as chief spokesman for the court system.  But I can’t remember anything he’s done as a judge.  Since he has been administrative judge since 1996, he has no trail of decisions or trial history that provides a clue as to his judicial views.  So why?

I brief digression.  Way back when, the First Department was the gem of the appellate court system in New York.  Under the hand of long-time Presiding Justice Francis Murphy (affectionately known as PJ Murphy), it was a stable group of very highly regarded justices who were known for being a thinking lawyer’s bench.  They were hot when it came to argument, and regarded as your best chance of a fair hearing.  while not pushovers by any means, at least a lawyer with a good argument knew that she would be heard, and the rest was up to her.

Since PJ Murphy was unceremoniously axed in a political coup, certain appointments to the First Department have been viewed as carpet baggers, making it just another political spoil.  This ignores the fact that there are still a number of great judges sitting there, with experience on the trial bench at Centre Street, but the inclusion of outsiders has given the taint of dilution.

So why, given the local judicial talent and experience already available, did the Governor pick Judge Lippman?  Well, Judge Lippman was a local Manhattan guy, as made clear in the stories about his appointment.  I gather that was to address the carpet bagger issue.  But when was the last time he tried a case?  When was the last time he decided an appeal?  God knows the court system needs a good administrator, but that’s an entirely different skill set than being a good appellate judge. 

I can’t (won’t?) criticize Judge Lippman, because I haven’t got a clue what type of PJ he will make.  I hope he will be brilliant and fair (maybe like a pre-obsessive Judge Wachtler).  But given the availability of judges like Rick Andrias, Angela Mazzarelli and Peter Tom, you have to wonder.