Politics on the Hudson

A federal judge in Manhattan today rejected ousted Sen. Hiram Monserrate’s appeal of his expulsion last week, saying voters will have their say on who holds the seat in a special election next month and laws allowed for the Senate to dump him.

You can read the ruling here.

Monserrate was the first sitting legislator to be expelled since 1920 when the Senate voted 53-8 to remove him after he was found guilty last year of misdemeanor assault involving his girlfriend.

Judge William Pauley rejected Monserrate’s argument that voters are being disenfranchised by his removal, saying that Gov. David Paterson has called an election for March 16 to fill the seat and “protect the voters of the 13th Senatorial District more effectively than judicial intervention.”

Pauley also rejected the question of whether the Senate has the right to expel Monserrate.

“Expulsion of a sitting legislator is infrequent and the power of a body to determine the fitness of its members is embedded in American democracy,” Pauley wrote. “Monserrate was expelled only after a specially formed committee investigated his actions and an overwhelming majority of the Senate authorized expulsion. Similar processes to discipline have long existed in deliberative bodies at all levels of government.”

Attorney General Andrew Cuomo, who is representing the Senate, applauded the decision.

“We are gratified that the Court has confirmed our position that the Senate had the authority to expel Mr. Monserrate. The time for changing the culture of Albany is long past due. Today’s ruling is a step in that direction. The Office of the Attorney General will continue to represent the Senate in this matter.”

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