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Lawmakers: Diversity
is Gill's key concern
Senator is blocking
Rabner confirmation
BY DEBORAH HOWLETT
AND JOSH MARGOLIN, nj.com June 15, 2007
A state senator blocking the
confirmation of Attorney General Stuart Rabner as chief justice of the New
Jersey Supreme Court refused yesterday to explain why she opposes his
nomination, but other lawmakers said one of her concerns was diversity on the
court.
"I have no comment," Sen. Nia Gill (D-Essex) said repeatedly as reporters tried
to question her before a Senate committee meeting at the Statehouse annex.
When they persisted, she threatened to have the reporters thrown out of the
committee room.
Two lawmakers directly involved in negotiations over the nomination said Gill
would have preferred if Gov. Jon Corzine had elevated John Wallace, the court's
only African- American, to chief justice and nominated Rabner as an associate
justice.
Gill has also voiced concerns about Corzine making the nomination without
consulting with senators, and about Rabner's lack of civil law experience, the
legislators said. They asked not to be named because Gill has not made her
concerns public.
Gill, a lawyer who lives in Montclair, is one of two African-American women in
the state Senate. Asked yesterday if the diversity of the court is a
concern, Gill repeated: "I have no comment."
Gill is blocking the nomination of Rabner, who lives in Caldwell, by using the
unwritten but long-standing power of "senatorial courtesy." The tradition
requires a senator to endorse nominees from his or her home county; without the
senator's initials on the nomination form, the confirmation process does not
move forward.
Only Gill among the four Essex senators, all Democrats, has refused to sign off
on Rabner.
Senate President Richard Codey and Sen. Sharpe James signed off days ago, while
Sen. Ron Rice, who has had some complaints about Corzine's handling of the
process, confirmed yesterday that despite minor irritations he has always
supported the nomination.
Codey dismissed any notion Gill has somehow overstepped her authority or that
her concerns are frivolous.
"She is well within her rights to question and probe," he said.
"This nomination is relatively new. I think everybody should relax and let
the process play out," he added. "You want a good vetting process. I
think things will work out in the end. But you want to get as much
information as possible."
Codey said he also discussed the stalemate with Corzine, whose administration is
working to ensure all concerns are being addressed.
Aides to Corzine said the governor remains convinced the Senate -- which
confirmed Rabner as attorney general nine months ago by a 35-0 vote --
ultimately will have no objection to Rabner's appointment.
"He is an accomplished, nonpartisan public servant with sound judgment, a sharp
legal mind and impeccable legal credentials," Corzine spokesman Anthony Coley
said.
Corzine met with Rice at Drumthwacket, the governor's mansion in Princeton,
yesterday afternoon for 90 minutes. Rice said they had "a real productive
meeting" about the need for more minorities and women to be named to the bench
in New Jersey, and for the governor's office to improve its communication with
the Legislature.
Rice said he never intended to block Rabner's nomination and told Corzine as
much.
"My problem has been communication and process, and he understands my point,"
Rice said.
Rice said he plans to meet Monday with Rabner and First Assistant Attorney
General Anne Milgram, who has been tapped to succeed Rabner if he is confirmed.
As for Gill, Rice said: "I don't know what her problem is."
An hour before Corzine sat down with Rice, Gill encountered a gaggle of media at
the door of the room where she was scheduled to preside over a Commerce
Committee meeting. She moved past them and behind her desk, but a
half-dozen reporters continued to pepper her with questions.
Gill told the reporters they were not permitted to approach her desk or stand
near it, even though she had not convened the meeting. "That I will not
allow," she said, calling over Statehouse security guards and ordering them to
clear the media out of the room.
When the reporters protested, Gill threatened to call the State Police, which
Rabner oversees. "Please leave or I will have the State Police remove
you," Gill said.
The reporters backed away and Gill almost immediately turned to a lobbyist, Leon
Zimmerman, who settled into a chair next to her for a private discussion.
Gill is scheduled to meet with Rabner next Wednesday, a day before a tentatively
scheduled hearing on his nomination. The hearing originally had been
scheduled for Monday but was postponed in order to allow Gill a chance to meet
face-to-face with Rabner.
Deborah Howlett may be reached at
dhowlett@starledger.com or (609)
989-0273; Josh Margin at
jmargolin@starledger.com or (609) 989-0267.
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