By Stephen Witt
Call it one of the plums of political patronage. And in the Kings County Court system, where judgeships have the reputation of being made in the smoky backrooms of political clubs, the job has several contenders jockeying for position. The job is the Kings County Clerk, and it pays $136,000 annually. The position has been open since the death of Wilbur A. Levin last April. Interestingly, the job is also usually a Republican Party appointee since the governor, often a Republican, has a say in the appointment. Those considered on the short list for the job must go before a committee of four judges from the Appellate Division, Second Department, and headed by Republican Justice A. Gail Prudenti, a Pataki appointment. “It’s a political appointment. Everybody is trying to fight for the job,” said one source. “I hear Hy Singer [the County Republican Chair] wants to put in one guy and that [State Senator] Marty Golden wants somebody from the Conservative Party appointed.” The county clerk oversees 127 employees and is responsible for, among other things, judgments, notes of issue, selling of court index numbers, transcripts of judgments, business certificates, notices of appeal, property tax records, and military records. Matthew Kiernan, a top aide for Prudenti, said thus far about 150 people applied for the position and about 10 were interviewed. Among those interviewed were several with strong political ties, including Conservative Party District Leader John D’Emic, who sources say Golden is pushing. D’Emic, of Bay Ridge, is brother of acting justice Matthew J. D’Emic. Others in the hunt include Herbert S. Lupka, the chief deputy clerk in Brooklyn, who has been acting county clerk since Levin’s death. Lupka is a former Democratic district leader and comes through the clubhouse system. Sources say he has been actively courting Singer for the position. Also in the running is Nancy T. Sunshine, the chief clerk for Appellate Team Courts in Brooklyn, and married to acting Supreme Court Justice Jeffrey Sunshine; and Anne Swerne, counsel to Brooklyn District Attorney Charles Hynes. One name on the list who although a Republican is not as politically connected is Linda Caristo, who has been the executive Administrative Assistant to the last three county clerks, including Levin. She is the only candidate who has come through the ranks of first being hired after passing a civil service exam. “The county clerk is the highest [non-attorney] level you can go, but civil service people have never been considered because politics comes into play,” said Caristo. “There has been so much negativity as far as all the judges that have been indicted the last several years all based on politics, so it would be very refreshing for someone to attain the position as county clerk based on merits rather than who you know,” she added. Singer and Hynes both refused comment on the issue and Golden’s office did not return calls at press time. Kiernan said there might be another round of interviews before a new clerk is picked and there is no timetable for when a final decision will be made.
