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Judge Upholds Monserrate's Expulsion
By
Ben Muessig
Published Feb 19, 2010
Modified Feb 19, 2010
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By
Ben Muessig
Published Feb 19, 2010
Modified Feb 19, 2010
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A federal judge rejected former state Sen. Hiram Monserrate's attempt to block his expulsion, clearing the way for a March 16 special election to decide who will hold his now-vacant seat. In a 24-page ruling, Judge William Pauley III wrote: "The question of who should represent the 13th Senatorial District is one for the voters, not this court."
According to 1010WINS, the judge added: "[E]xpulsion of a sitting legislator is infrequent and the power of a body to determine the fitness of its members is embedded in American democracy." After getting booted following his conviction for misdemeanor assault, the former councilman and cop filed a lawsuit against the state to stop his ouster and prevent the special election on the grounds it took away his "due process and his constituents their right to representation."
Monserrate's attorney, failed public advocate candidate Norman Siegel, told the Post he wasn't sure if the former politician would launch an appeal, stating: "I have to talk to the client first." According to previous reports, Monserrate could turn out running for his seat again in the special election. The judge's ruling was celebrated by state Attorney General Andrew Cuomo, who said he was "gratified that the court has confirmed out position," and state Sen. Eric Schneiderman, who chaired the committee that suggested Monserrate be expelled or censured.
I am pleased that the Court has upheld the determination of our Committee, rejected Senator Monserrate's claims, and accepted his expulsion by the Senate. It is clear that due process was followed and justice was served. An overwhelming majority of Republicans and Democrats from every part of the state came to the conclusion that Senator Monserrate's unlawful conduct damaged the integrity of the Senate, and rendered him unfit to serve. It's time to move forward and get back to the people's business.
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