Big Bucks Appellate Judge Voted Out

Incumbent Shock
Judicial Reports by Mark Lagerkvist - November 5, 2008
mark@lagerkvist.net

In the wake of an investigation by Judicial Reports, an Albany-area Justice is voted out of office. The Supreme Court candidate with the largest campaign war chest in New York State was defeated in Tuesday’s election. Incumbent Justice Anthony J. Carpinello lost to challenger Rensselaer County Court Judge Patrick McGrath in the Supreme Court’s Third Judicial District. McGrath led 130,447 to 102,914 with 72 percent of the voting districts reporting. The Third District consists of Albany, Rensselaer, Green, Ulster, Sullivan and Schoharie counties. The defeat will also cost Carpinello his seat on the bench of the Appellate Division’s Third Department. Carpinello’s campaign raised $238,026 in cash – far more than any of the other 52 Supreme Court candidates competing in races across New York, according to the latest disclosures filed with the State Board of Elections. In contrast, McGrath received $97,684 in contributions.

One of the political gifts to Carpinello – $10,000 from the Albany law firm of Powers & Santola in May – was the focus of a Judicial Reports investigation. The contribution occurred during an appeal brought by Powers & Santola. Carpinello cast a deciding vote and wrote the majority opinion in a 3-2 decision in favor of the appellant. Last week, the judge also participated in a unanimous vote to deny the respondent leave to appeal that decision to the State Court of Appeals. Carpinello and Powers & Santola have denied any impropriety. Senior partner John K. Powers said his firm also contributed $10,000 to McGrath, who did not return calls from Judicial Reports. In an interview last week, Justice Carpinello was critical of a system that only permits judges to be politically active during their election year. The maze of campaign finance rules governing candidates is detailed in a Judicial Reports analysis. “I’m fighting for my political life,” said Carpinello. “The last time the voters saw me was 14 years ago. How are they supposed to remember me? For the last 13 of my 14 years, I’ve been barred from any political involvement. In a mere matter of months, I am expected to reintroduce myself to a half-million voters in the seven counties.”

Carpinello, a Republican, had hoped to avoid an election contest by winning a cross-endorsement from the Democratic Party. However, McGrath squeaked out the nomination by a 41-39 vote of delegates at the party’s judicial convention in September. As a result, Carpinello was forced to wage an active campaign. “For six months, I’ve been in front of grocery stores handing out cards every day,” said Carpinello. “You have no idea what it is like to stand in the hot sun next to a garbage can for five hours – not move from the spot, not go to the bathroom – and stand there and shake the hand of every person who goes into that grocery store.” Despite the indignities of campaigning, Carpinello said he believes judges should be chosen by elections, not by political appointments. “I would rather be elected by someone I shook hands with at the supermarket, not any political boss,” said Carpinello. “So I think that’s a healthy thing that judges get elected.”