Imposed Strike Penalties
Tap Toussaint Jailer For Appeals Court

By GINGER ADAMS OTIS

Governor Spitzer Jan. 14 nominated Brooklyn Supreme Court Justice Theodore T. Jones Jr., who is best known for sentencing Roger Toussaint to 10 days in jail, to the State Court of Appeals.

New York Law Journal photo/Rick Kopstein STRIKE RAISED HIS PROFILE: Brooklyn Supreme Court Justice Theodore Jones, who came to public attention when he imposed stern Taylor Law penalties against Transport Workers' Union Local 100 and President Roger Toussaint for the December 2005 transit strike, has been nominated by Governor Spitzer for a seat on the state's highest court.

Justice Jones, who has served in Brooklyn for 17 years, gained national prominence when he was assigned to handle the legal challenges surrounding Transport Workers' Union Local 100's December 2005 strike.

Dealt TWU 'Triple Blow'

He declared it "a very sad day in the history of the labor movement in New York City" last April when he sentenced Mr. Toussaint, Local 100's president, to jail (the union leader served only 3-1/2 days after getting time off for good behavior).

He also levied $2.5 million in fines against the union for violating the state's Taylor Law that prohibits public employees from striking, and revoked Local 100's automatic dues check-off rights.

ROGER TOUSSAINT: Not his top choice.

Mr. Toussaint through his spokesman declined to comment on the nomination, but in the past has described the rulings in Brooklyn Supreme Court as a "triple blow" to the union.

Justice Jones gave Local 100 some reprieve - a year to set up alternate payment methods before the dues revocation went into effect. But any hope that the ruling would only be temporary was dashed when the judge said it would stay in place until union leaders promised never to conduct an illegal strike again.

Mr. Toussaint has said that's not a pledge he's prepared to make.

To Succeed Rosenblatt

Justice Jones was nominated to take the place of Judge Albert M. Rosenblatt, who was appointed by former Gov. George Pataki in 1998 and left the court Dec. 31 after reaching the mandatory retirement age of 70.

If Justice Jones's nomination for a 14-year term is approved by the State Senate, he'll also fill a gap left when Judge George Bundy Smith wasn't renominated in August by then-Governor Pataki. His departure left the Court of Appeals without a black member for the first time since 1985.

Mr. Spitzer, speaking at a news conference in midtown Manhattan, said his decision wasn't based on race. While he believed the government "should reflect the diversity of our society," in nominating Justice Jones, he said, he considered only "who would be the best jurist."

Mr. Spitzer in his former role as Attorney General represented the state's interests in its legal battle against striking transit workers. While he didn't litigate alongside Metropolitan Transportation Authority lawyers, he kept close tabs on the proceedings.

Takes the 5th

When asked by reporters at his news conference about Justice Jones's ruling, Mr. Spitzer declined comment.

Justice Jones, a native New Yorker, was elected to Kings County State Supreme Court in 1989 and again in 2003.

He said he was honored to be nominated to the Court of Appeals. "I am profoundly aware of the importance of this nomination," he told reporters. "I cherish the position in which I find myself."

Six other judges were presented by the State Commissioner on Judicial Nomination Nov. 30 as candidates to succeed Judge Rosenblatt. The New York State Bar Association found all seven to be "well-qualified."

Mr. Spitzer had to make a nomination by Jan. 15. The Senate now has 30 days to consider his choice.