The Testimony That Backfired
The landmark ruling in Lopez Torres vs. New York State Board of Elections gave court watchers a tantalizing glimpse behind curtains that conceal the wizards of judicial selection. Federal judge John Gleeson combed through 10,000 pages of evidence before he declared the state's judicial convention process unconstitutional.
For two days in 2004, Supreme Court justice Sheila Abdus-Salaam recounted her journey to the state's highest
trial bench. She described everything from fundraiser appetizers to the Democratic Party's recruitment strategies. Defense counsel believed the level of detail revealed the judge's honest toil. However true that was, it also shed light on an absurdly rigged process.
Here are exclusive excerpts culled from Abdus-Salaam's testimony in front of Gleeson. The accounts come from a two-day interview with Andrew Rossman, attorney from Akin Gump Strauss Hauer & Feld, who helped defend the New York County Democratic Committee in the lawsuit.
Excerpts from Sheila Abdus-Salaam’s direct examination by Andrew Rossman, attorney from Akin Gump Strauss Hauer & Feld LLP, representing the New York County Democratic Committee, dated 9/30/2004
Q: Could you describe for the court how it is that you came to seek your position on the civil court for the County of New York in 1991?
A: I had applied to the mayor’s committee on the judiciary for a position—for an appointment as an interim civil court judge, family court judge or criminal court judge. While that application was winding its way through the committee, I got a call from one of my law school classmates Paul Williams, who told me that the county leader, Denny Farrell, was looking for candidates of color for the county seat to the civil court. That’s how I found out about it and decided that I would apply.
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Q: In 1991, how well did you know Mr. Farrell?
A: I had met him at the Black and Hispanic caucus in Albany when I was in the Attorney General’s Office. Bob Abram who was my boss would have many assistants at that point go up to those events in Albany. I think I met him then.
I also met him personally when I was recruited by a club within the district I lived in Harlem. They attempted to recruit me to be their candidate for the civil court in the district. Actually, he was the only district leader besides the one who is trying to get me to run who would meet with me. He told me he already had a candidate he was supporting who was my friend who at the time was known as Fern Fisher-Brandveen.
Q: You mentioned the club attempted to recruit you to run for that position. I take it, by the way, you say that they were not successful in that effort?
A: That’s right. When I learned that, I would have to run against my friend Fern, I said no.
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Q: Did you seek the support of other political leaders besides the ones that you mentioned, Mr. Farrell, Mr. Rangel, Ms. Maloney?
A: Yes, all of the district leaders, I had to get all or at least a good majority of their support. I did speak to, I believe, all of them.
Q: What was the role of district leaders in the open primary race that you ran in 1991?
A: In order to get the county nomination, you have to get the support of the district leaders. I solicited their support even to the point of doing something which I understood was unusual for a civil court position. I was counseled by one of the people who was advising me that I should have a party for the district leaders before they have their meeting and to decide on candidates and I did.
Q: Did you ultimately receive the support of the district leaders?
A: I did.
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Q: Incidentally, in the primary on the ballot on primary day, 1991, was there a contest? Were there any other candidates on the ballot besides yourself?
A: No—well, in the Democratic primary, no, there weren’t any.
Q:I think you were about to describe what happened in the general election?
A: I was. I was cross-endorsed by the Republican Party and the Liberal Party. I sought their endorsements. I went to their screening process, got endorsements as well.
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Q: Would you describe for the court how it is that it came about that you sought that [Supreme Court] position?
A: Well, I just started on the civil court. I received a call from Mr. Farrell asking me to apply to the Supreme Court. The year before the screening panel, only one candidate of color had gone into the panel and none had come out. He was attempting to improve the poll of candidates of color. Even though I thought I was pretty new to the whole judicial process, I figured well, I’ll do it. I have nothing to lose, so I said I would put in my application.
Q: How well did you know Mr. Farrell as of 1993?
A: Well, after receiving his support along with the other district leaders from the country position, I knew him that much more. When I told you from what I knew before, which was virtually not at all.
Q: Was he promoting your candidacy in 1993 to the Supreme Court as a political favor to you?
A: No. In fact, after I was reported out of the screening panel, he called me and said he couldn’t support me. He was supporting Fern, once again.
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Q: You’re submitting your application for the screening panel in the first place for just a moment, if we could dwell on that, did you apply to the screening panel as a favor to Mr. Farrell?
A: Not exactly as a favor to him. I was more interested in actually improving Fern’s chances of getting out of the panel because she had been the only candidate the previous year who had gone in and had not come out. I also thought I might as well get in line. I might want to be on the Supreme Court at some future point. The more my name was out there, the better my chances might be.
Q: I want you to describe for the court in as much detail as you need to describe it accurately the steps you took to declare your candidacy in the early part of 1993 for the Supreme Court position.
A: First, because I was already a sitting judge, I had to declare myself a candidate with the Office of Court Administration. I submitted that letter indicating that I would be a candidate for the Supreme Court.
Thereafter, I received, I think from the county, I’m not sure, a list of club functions, events. There are parties, boat rides, things that candidates go to present themselves. I began to attend those.
When the screening panel was established and set a date for submitting applications and making candidates aware, respective candidates aware the application is available, I got one, filled it out and submitted it. That was about July, I believe.
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Q: Would you give the court just a handful of examples of the types of functions you’re referring to?
A: The various clubs throw fund raisers, brunches or after work receptions. They invite judicial candidates to attend them to get to know the people in the club, potential delegates to the Supreme Court convention because sometimes the club members are the ones who become delegates.
Q: How much do these functions typically cost to attend?
A: They can cost $100 or more. There were some that were relatively inexpensive. A couple of boat rides were 10 dollars, maybe some were 35 or 40.
Q: For 10 dollars, or for a hundred dollars, you also get the benefit of the boat ride, dinner, whatever goes along with the function?
A: The carrot in one place, the entrée in another, desert in the third. Sometimes you have to be in three places in one night.
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Q: What happens next in the screening panel process?
A: I was informed that interviews would take place. I received, I think, a letter from the panel administrator advising me of the date my interview would take place which was in August. I went to the interview.
Q: Could you just very briefly describe that?
A: I think there were maybe 12 or 15 people in the room representing various organizations who asked me questions about my qualifications.
Q: Did you feel that the organizations represented by the screening panel were representative of New York County as a whole?
A: I think so. I believe there were representatives from community-based organizations, law schools, national organizations like the NAACP, bar associations. I believe that was it, community-based organizations, bar associations, law schools and other organizations.
Q: Following your interview, were you ultimately reported out of the panel as most highly qualified?
A: One of the persons who was reported out, yes.
Q: How many persons were reported out of the screening panel for the Democratic Committee in Manhattan in 1993?
A: There were four seats. That’s 12 people; three names reported out for each.
Q: At the moment that you learned that you’ve been reported out of the panel, what was your reaction?
A: I was pretty floored.
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Q: You mentioned a delegate’s party. What is that precisely?
A: It’s a reception for the delegates and alternates who might be voting on the candidacy or nomination at the convention.
Q: What did you do to hold that party?
A: First convince some friends to let me use their brownstone to have it and then I put the party together. I went to BJ’s got some frozen appetizers, some beverages, put it together.
Q: Including I guess what you spent at BJ’s on the frozen appetizers, how much did the whole party cost you?
A: Probably about 300 dollars or so.
Q: In addition to the delegate’s part, would you describe in some detail for the court what other efforts you undertook to solicit delegate support during this one to two week period?
A: As I said, I sent the letter out and I made some calls. I was assigned what’s known as a counter from the county organization to help me keep track of commitments in the delegates.
Q: What is the role of a counter precisely?
A: Basically what I said, as I understood it, I was a novice at it, but I understood this person was to help me determine if I was actually getting the delegate support I need.
Excerpts from Sheila Abdus-Salaam’s direct examination by Andrew Rossman, attorney from Akin Gump Strauss Hauer & Feld LLP, representing the New York County Democratic Committee, dated 10/4/2004.
Q: Would you describe for the court what you do recall about the night of the convention?
A: As I recall it was a crowded room, I think in a school, a big auditorium and there were a lot of people there. People seemed to be kibitzing, talking about what they were going to do, I was trying to remain as calm as possible, keep cool as they say.
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A: Conveniently I was in Manhattan, which was primarily democratic. Most of the registered voters, I think the vast majority, are Democrats. I don’t think I would have been successful in maybe any other borough in the city.
Q: How much money did you spend on your campaign?
A: Up to and including the sprint to the convention itself?
Q: On September 22, 1993?
A: I think it was less than $2,000.
Q: What was the single largest expense?
A: The delegates party, about $300, I think.
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Q: Do you have any idea how much money you would have had to raise [for a contested election]?
A: When I first was thinking about this, going onto the bench at all and I consulted with some people, they said I would have to raise $35,000 to $50,000, depending if I would have a contest or not. That’s the current system.

