Judith Kaye: Only Answerable to the Corrupt Machine

Cuomo elects to punt: Ducking Paterson investigation shortchanges voters
The New York Daily News - EDITORIAL - March 14, 2010

Attorney General Andrew Cuomo has placed the most important decision of his tenure - whether to charge Gov. Paterson with crimes - in the hands of a prosecutor who was not elected and is not answerable to the people. Esteemed as former Chief Judge Judith Kaye is, that's not how things are done in New York. This state's Constitution and laws call for prosecutorial power to be vested in officials who are chosen by popular vote. That's why local district attorneys are elected. That's why attorneys general are elected. That's why Cuomo was elected. Cuomo - an unannounced contender to replace Paterson in the governor's office - says he was legally obligated to take on the case when Paterson asked him to. He also says that, after preliminary review, he believes that he should step back to avoid feeding any possible perception that politics would distort the matter. Duly noted. Also duly noted are two facts: First, that Cuomo took a hit in the polls after becoming involved in the case. Second, that Kaye will serve only as an assistant attorney general. She meets Cuomo's definition of "independent counsel" only because he says he will cede all decision-making authority to her. These in-and-out contortions are a commentary on how little faith New Yorkers have that Albany leaders will put duty first. One big reason for this trust deficit is that the public has been entirely cut out of choosing its top state officials. Paterson moved up after Eliot Spitzer imploded. Richard Ravitch was appointed lieutenant governor by Paterson. Controller Tom DiNapoli was named by the Legislature after Alan Hevesi was forced to resign. And Cuomo, the only statewide official chosen for his post by voters, has punted an extraordinarily critical matter to an unelected outsider. Oh, Albany.