Judge Upholds Monserrate's Expulsion

Mike Groll/AP

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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By Ben Muessig in News on February 19, 2010 2:40 PM

Comments [rss]

Anyone but Obama

If you put a 'but' (Felix actually wrote burt) after 'Yes, he did wrong to beat his girlfriend', then you're a jerk. Men don't hit women. Monserrate is a loser, a coward and now he's gone.

Anyone but Obama

Sometimes the system works, but not too often. This guy is a bully, a bum. These are the politicians we have to get rid of to take back our government.

Don't bet on it that he doesn't have slush fund. ALL politicians have money. That's the reason they go into politics.

Any of you who know politicians from growing up kn ow this. I know a few that didn't have a pot and now have millions. You don't get millions in the salary they get although they get a lot of money for doing nothing.

Felix is a moron. He's the reason our government is so effed up. Politicians can murder people on TV and he'll say something like, Oh he won't do it again.

They're all crooks people.

FelixtheCat & Christine Quinn'

Queens Assemblyman Jose Peralta landed more than $500,000 in taxpayer money for a nonprofit that never filed federal tax records, has no employees and has been inactive for more than two years.

http://www.nydailynews.com/ny_local/queens/2009/12/09/2009-12-09_queens_pol_.html

Yes, he did wrong to beat his girlfriend burt Monseratte has done good things for his district and he never had any slush funds as Quinn and Peralta. Shame on this corrupt system.

FelixtheCat & Christine Quinn'

state Sen. Eric Schneiderman is guaranteeing the seat to a Quinn' crony Jose Peralta. I hope Monseratte runs and beats Jose Peralta. Monseratte voted against extending term limits. So I give him credit for that.

dr zippy

Monserrate's attorney, failed public advocate candidate Norman Siegel

While technically correct "failed public advocate candidate" is a really weird and misleading way to identify Norman Siegel. As a civil rights attorney and former long-time head of the NYCLU, Siegel has been fighting to protect our constitutional rights for many years.