Gov. Chris Christie draws sharp criticism on decision to not reappoint N.J. Supreme Court Justice Wallace

Lisa Fleisher/Statehouse Bureau Anne Murray Patterson, a Morris County lawyer, speaks after New Jersey Governor Chris Christie nominated her to the state Supreme Court in Trenton, New Jersey on Monday, May 3, 2010.

TRENTON -- Gov. Chris Christie sparked a political firestorm Monday with his unprecedented decision to jettison a sitting New Jersey Supreme Court justice, inciting harsh criticism from political opponents and reshaping the relationship between the governor's office and the state's highest court.

The governor nominated Anne Patterson, a Morris County lawyer, to replace Justice John Wallace, the only African-American on the court, setting the stage for a vicious fight with Senate Democrats opposed to his ouster.

"I have no intention of putting her up for a hearing," said Senate President Stephen Sweeney (D-Gloucester), an ally of Wallace. "It would be doing an injustice to the entire court system to have a hearing on this nominee at this time."

Star-Ledger opinion and editorial coverage:

• Columnist Paul Mulshine: Christie's tied in knots over the Wallace pick

• Mulshine: N.J. Supreme Court on its way to a liberal activist majority for the foreseeable future

• Letter to the Editor: Black bar association backs Justice John Wallace

• Editorial: Removing Supreme Court Justice John E. Wallace Jr. would be a mistake for New Jersey

Christie said dropping Wallace was a necessary step in his push to remake the Supreme Court, the final arbiter on state law and the state constitution.

"The court over the course of the last three decades has gotten out of control," he said. "The only way to change the court is to change its members."

Conservatives have long criticized the court for decisions on school funding and affordable housing that influenced decades of public policy. But Democrats and some legal experts said Christie was infringing upon the New Jersey court system’s independence by not renominating a sitting justice, imposing his political will and breaking more than six decades of tradition in state government.

"We’re in uncharted territory," Senate Judiciary Chairman Nicholas Scutari (D-Union) said. "It could undermine the Judiciary as a whole."

Chief Justice Stuart Rabner, who previously worked closely with Christie in the U.S. attorney’s office, issued a rare statement criticizing the governor’s decision, saying judges must make decisions without regard for their own reappointments.

"(Wallace) is an intellectually honest, wise, and independent thinker, a fair-minded jurist, a gifted, thoughtful writer, and a model of integrity and character," Rabner said. "His departure is a loss to the Judiciary."

Wallace, 68, had less than two years before reaching the mandatory retirement age of 70, which would have given Christie a far less controversial opportunity to replace him.

Robert Sciarrino/The Star-LedgerNew Jersey Supreme Court Justice John Wallace Jr.

Wallace did not comment Monday, although former justice James Coleman said he spoke to him.

"He felt bad, let’s put it that way," said Coleman, the court’s first black member and Wallace’s predecessor.

Nominated in 2003 by former Democratic Gov. James E. McGreevey, Wallace is the first of four justices who will either face reappointment or reach mandatory retirement age in Christie’s first four years as governor. Christie would not name any decisions he disagreed with, but blamed Wallace for some of the court’s judicial activism.

"It would be completely inconsistent for me now as governor to reappoint someone who I believe participated in putting this court in a direction that I thought was inappropriate," the governor said.

Previous coverage:

• Q&A: Gov. Christie's controversial N.J. Supreme Court nomination

• Gov. Christie's nominee for N.J. Supreme Court has donated $23,680 to Republicans in past 17 years

• N.J. Supreme Court chief justice criticizes Gov. Chris Christie for not reappointing Justice Wallace

• Gov. Chris Christie nominates lawyer Anne M. Patterson to N.J. Supreme Court

• Gov. Christie close to making a decision on lifetime tenure for N.J. Justice John Wallace

Sen. Kevin O’Toole (R-Essex) praised Christie’s choice, saying it reflects his philosophy of setting aside tradition when it limits the governor’s powers.

"It’s a courageous move," he said. "The people who voted for him knew what they were getting."

Scutari said he hasn’t decided whether to have his Judiciary Committee vet Patterson. Christie spokesman Michael Drewniak said senators have a constitutional duty to give the governor’s nominee a hearing.

Wallace’s seven-year term ends on May 20. If he is not replaced by then, Rabner can appoint a retired Supreme Court justice or use the most senior appellate division judge to fill in on a temporary basis. "There is not a time frame that says how long that can continue," Judiciary spokeswoman Winnie Comfort said.

Patterson, Christie’s choice to replace Wallace, is a partner with Riker, Danzig, Scherer, Hyland & Perretti, handling cases involving product liability, commercial litigation and intellectual property. In 27 years as a lawyer, she also worked in the attorney general’s office for two years as a deputy attorney general and a special assistant.

The Trenton native graduated from Dartmouth College in 1980 and received her law degree from Cornell in 1983. Patterson, 51, called her nomination "the highest professional honor that I can imagine."

"I’m looking forward to meeting with members of the Legislature in coming weeks to discuss my nomination," she said Monday.

Frank Askin, director of the Rutgers Constitutional Litigation Clinic, praised Patterson, who he faced in a legal battle over whether activists can distribute leaflets in New Jersey shopping malls. Askin argued the case for the American Civil Liberties Union, while Patterson was one of several lawyers representing the malls.

"She’s a very ethical, collegial lawyer," he said. "I have nothing but respect and good regards for her."

Christie said Patterson has had an "extraordinary legal career" and he has the "utmost confidence" in her. He asked the Senate to consider her credentials on their own merits.

"That’s what the process merits, and that’s what she deserves," he said.

But her qualifications were barely discussed Monday as the debate focused on how Christie dumped Wallace.

"If he appointed Thurgood Marshall or Barbara Jordan to replace Justice Wallace, I wouldn’t have supported them, and I’m not going to support this nominee," said Sen. Raymond Lesniak (D-Union).

Christie’s decision placed him in conflict with the legacy of his mentor former Gov. Tom Kean, who first nominated Wallace to the Superior Court in 1984 and is regarded as a strong defender of judicial independence.

"I might have come down differently if I was governor. Probably would have," Kean said. "But he’s the governor and I respect his decision."

Others criticized Christie’s nomination of a white lawyer to replace the court’s only African-American member.

"As America is striving to become more diverse in all aspects, it’s ironic that the New Jersey Supreme Court is becoming less diverse," Coleman said.

By Lisa Fleisher and Chris Megerian/Statehouse Bureau

Peggy Ackermann and Claire Heininger contributed to this report.

Three reasons why it matters:

1. It’s the first time in modern history a governor has not reappointed a sitting Supreme Court justice.
2. Justice John Wallace is the only African-American on the court, which has the final say on state law.
3. Gov. Chris Christie, who says the court been too activist, will have the chance to replace three more justices.

Previous Coverage:

• N.J. Supreme Court chief justice criticizes Gov. Chris Christie for not reappointing Justice Wallace

• N.J. Senate president blasts Christie for not reappointing Supreme Court Justice Wallace

• Gov. Chris Christie nominates lawyer Anne M. Patterson to N.J. Supreme Court

• Gov. Christie close to making a decision on lifetime tenure for N.J. Justice John Wallace