Date: Wed, 11 Sep 96 14:23:43 EDT
From: aleonard@counsel.com (Arthur S Leonard -- New York Law School - New York )
Subject: *QL*: elections



 To:	queerlaw, 		Inet 	


Yesterday was Democratic primary day in New York, and four openly
lesbian or gay attorneys were running in contested primaries for
judicial positions.

In the most publicized race, Karen Burstein, narrowly defeated for
State Attorney General, ran this year for a seat on Manhattan's
Surrogate Court, which has jurisdiction over trusts and estates
cases and some family law cases.  By running for this position,
Burstein, who claimed to be mounting a "reform" campaign, was
running against both the party establishment and the reform
elements in the Democratic Party in Manhattan, who have an
understanding that incumbent judges who are rated as qualified for
re-election by the party's screening panel should not be required
to run in contested primaries.  In this case, Renee Roth, the
incumbent surrogate who is seeking re-election, was found
well-qualified by the party's screening panel and by just about
every other evaluating body (including the Judiciary Committee of
the Lesbian and Gay Law Association of Greater New York, which
gave her a "highly qualified" rating).  Roth is known as being
sensitive to lesbian-gay issues; she has approved second-parent
adoptions and has a good reputation in handling lesbian/gay
estates cases.  This was a difficult voting decision for people in
the lesbian/gay community, but in yesterday's primary Roth won a
decisive victory, with substantial gay support.  (According to
those in the know, Burstein did not do nearly as well as expected
in heavily gay areas such as Greenwich Village.)  Overall, Roth
drew 56% of the vote.

The three other races involving openly lesbian or gay candidates
were for civil court.  Paul Feinman appears to have won a
razor-thin victory in Manhattan's 1st Civil Court District over
non-lesbian but lesbian/gay friendly candidate Liz Shollenberger. 
With almost all the election districts reporting last night,
Feinman had a lead of less than 200 votes out of more than 6,000
cast.  Today WNYC-radio declared Feinman the winner, but absentee
ballots have yet to be counted.  Feinman would be the first openly
gay man to win election to NYC Civil Court.  (Previous gay men on
the court were appointed to interim vacancies, beginning with Bill
Thom in the mid-1980s.)  Feinman was endorsed by the NY Times,
which cited his presidency of the Lesbian/Gay Law Association of
Greater NY has among his credentials for the position.

In the 4th District, openly lesbian attorney Eileen A. Rakower
pulled an upset victory over incumbent Jay Dankberg.  She was
undoubtedly helped by the NY Times' decision to take seriously the
City Bar Association Judiciary Committee's refusal to find
Dankberg qualified for renomination.  Dankberg's demeanor on the
bench has been the subject of considerable protest by trial
attorneys.

In the 9th District, openly lesbian attorney Sandra Russo was
defeated by Arthur Birnbaum.  Russo failed to win a qualified
rating from the City Bar Association, and her opponent was
endorsed by The Times.  (Russo may be known to students of gay law
as the domestic partner of Robin Young from the famous Steel v.
Young lawsuit concerning child custody and visitation rights
contested between a gay male sperm donor and a lesbian couple.)

So, openly lesbian or gay judicial candidates in NYC seem to be 2
for 4 this primary season.  Winning the Democratic judicial
primary in Manhattan is usually tantamount to election.





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