It was a case of third time lucky for City Councilman Andrew Cohen when, along with Bronx civil court judges, the Hon. Kim Wilson and the Hon. Blanka Perez, he was finally nominated for a Bronx Supreme Court judgeship at the Bronx democratic party judicial convention on Aug. 10. All three candidates go forward to compete in a general election on Nov. 3 and are expected to win in all three races in the predominantly democratic borough.

 

If Cohen wins a seat, it will most likely trigger a special election to find his replacement in the 11^th City Council District, which covers Bedford Park, Kingsbridge, Riverdale, Norwood, Van Cortlandt Village, Wakefield and Woodlawn, and the race is already heating up fast among the six declared candidates.

 

In accepting his nomination, Cohen said he had been nervous the whole day and hadn’t wanted to jinx anything by preparing a speech. Nonetheless, he said he was profoundly grateful for the support he had received from so many colleagues across Bronx county in the lead up to the nomination, which he said meant the world to him. “I’m going to use that support on the bench to make sure that Bronxites get the justice that they are entitled to, that they deserve,” he said.

Overall, there are 324 justices of the New York Supreme Court system, which itself comprises 62 courts, one for each county, including the Bronx Supreme Court. Justices are elected to 14-year terms. To appear on the ballot in the general election, candidates must first be nominated by the respective party’s judicial delegates at partisan conventions. These judicial delegates themselves are, in turn, elected by each political party, and as such, hold substantial sway. The candidates need to proactively garner the support of such delegates to secure a nomination.

 

Under normal circumstances, Cohen’s 11^th District Council seat was due to become vacant in June 2021 when he reaches the end of his term. However, rumors that he would ascend to the Bronx Supreme Court bench have been swirling since 2018, as previously reported by Norwood News.

 

Indeed, reports abounded at the time that were Cohen to receive the judgeship nomination and win, it would leave the door open for Eric Dinowitz, son of Assemblyman Jeffrey Dinowitz, to run for Cohen’s seat. The inference was that with Eric Dinowitz primed and ready to win the seat with the help of his father’s supporters, it would ensure establishment democrats retained control of the Bronx Democratic Party.

Sources say @JeffKleinNY is unlikely to stay in race against @Biaggi4NY There is an opening for a Judgeship that was supposed to go to @AndrewCohenNYC which may now go to Klein. @JeffreyDinowitz was hoping Cohen would take judgeship so his son could run for Council seat.

— Zack Fink (@ZackFinkNews) September 17, 2018

As it turned out, Eric Dinowitz, a special education teacher and a member of Bronx Community Board 8, was not the first candidate to announce his intention to run for Cohen’s seat in 2018. That fell to Dan Padernacht, local attorney and also a member of Bronx Community Board 8. In fact, both Padernacht and Eric Dinowitz announced their intention to run to the seat within two weeks of each another but in the end, Cohen was not nominated that year, rendering the point moot.

 

In fact, when former State Sen. Jeff Klein was beaten by then candidate, and now State Sen. Alessandra Biaggi, in a State primary the same year, it was rumored that the judgeship slated for Cohen would go instead to another democrat, Klein. However, this also turned out not to be the case.

 

Cohen’s name was floated once more for a judgeship in 2019, but again, he was not nominated. It is not clear why, but Cohen told Norwood News in April 2019 that he was considering a run for Bronx Borough President.

 

At the 2020 convention, which was held at Monroe College, Cohen was formally nominated by Assemblywoman Nathalia Fernandez, who later announced on Aug. 22 that she was running for Bronx Borough President. Fernandez welcomed the nomination of the two female candidates to the bench in Perez and Wilson before formally nominating Cohen, saying, “We cannot forget those who do support women, and have always put every constituent, every person in their presence, in their life to the utmost consideration, and that person is my good friend, my colleague, Andy Cohen.”

 

Fernandez credited Cohen with being one of the first people who knew her name when she was starting out as a staffer in the early stages of her political career. She added that he always treated people in his constituency who may have been less visible with courtesy, respect and diligence.

 

In his acceptance speech, Cohen made special mention of Jeffrey Dinowitz, who he previously worked alongside from 2001 to 2002 in the assemblyman’s Albany office, drafting and analyzing legislation, and helping to provide constituency services. “I really want to thank my assemblyman, Jeff Dinowitz, who has been a friend and a partner in government and really, I’m going to miss working together in the way that we do,” he said. “We’ve accomplished so much together for the people we represent, and it’s been a privilege to work with you.”

 

After the convention, State Sen. Jamaal T. Bailey said good quality judges were needed on the bench. “We also need quality judges of a diverse background,” he said. “You need the right people with the right mentality to properly interpret those laws.” Referring to Cohen, he said, “He’s been a phenomenal colleague in government, and I think he’ll do great things on the bench.”

Meanwhile, in terms of his own plans for the future as he approaches the end of his term, Bailey said he had no particular plans other than continuing to serve his constituents by implementing sound policy and ensuring they had access to testing and appropriate PPE to stem the tide of COVID.

 

News of Cohen’s nomination quickly spread throughout the borough after the convention, propelling the existing 11^th District City Council candidates to step up their campaigns, and prompting one more candidate to join the race.

 

One of the first to release a formal statement on Cohen’s nomination was Eric Dinowitz who thanked the councilman for his service to the Northwest Bronx and for being a strong progressive voice for working families and seniors. He then reminded his followers that he was running for Cohen’ seat and said, “I look forward to asking the voters for their support in a March special election.”

 

Norwood News reached out to both the Bronx and the New York City Board of Elections offices to ascertain if a March special election date was set in stone. Based on the June elections, the results of a March special election may not be known until May 2021, if voting is carried out by mail. We did not receive an immediate response from the Board of Elections. Meanwhile, Cohen’s office said any special election date would be determined by the mayor once Cohen’s seat is vacated.

 

Norwood News reached out to the mayor’s office for more insight. We also asked who will represent the 11^th District constituents between January and May if Cohen gets elected in November, and starts his new role on Jan. 1, 2021, as is required. We did not receive an immediate response.

 

Meanwhile, the day after the convention, Dan Padernacht also issued a statement referencing Cohen’s nomination and the plausibility of a special election. “An informed electorate is an empowered electorate,” he said, adding, “The date of the election is determined by the date that Council Member Cohen chooses to resign from his current role.”

 

This suggested that, should Cohen win the judgeship race in November, he could even vacate his City Council seat prior to his expected start date on the bench on Jan. 1. Padernacht added, “We don’t yet know the date of the [special] election, but we urge residents to take time to learn about the candidates asking to represent them.”

Norwood News asked Padernacht if the timing of a special election made any difference to his campaign at this stage given he has been campaigning for as long as Eric Dinowitz has, even if the other challengers have not. “The challenge of any special election is decreased voter turnout,” he said. “Beyond that, our campaign is ready to roll out our vision to address the pressing needs of those struggling each day in our district.”

 

Jessica Haller is one of two women running in the 11^th District race. “I’m thankful for Council Member Andrew Cohen’s leadership, and congratulate him on this appointment,” she told Norwood News. “Our district is confronting a lot of connected issues and I am ready to tackle them with the backing of the people. I look forward to continuing the many conversations we’re already having with voters across the district about how we make the Bronx equitable, sustainable, and resilient. I’m ready to deliver for the Bronx, no matter when the election may be.”

 

Meanwhile, when contacted for comment, candidate, Dionel Then, said, “Council Member Cohen has been eyeing this judgeship for a while now and I am happy he has been nominated, despite putting my campaign at a disadvantage.” He added, “He has served our district well and is a role model for the Northwest Bronx. As far as the pending special election goes, because of COVID, the election will be a litmus test for the rest of the city, as the Bronx has two special elections already in the works. This is exciting to say the least, and I will be out canvassing and spreading the word and continuing to meet our neighbors on a daily basis.”

 

Abigail Martin, another candidate in the race, also provided a comment, saying, “The power brokers in The Bronx know full well how unsafe it is to campaign during a pandemic. They’re doing everything they can to schedule an early election to make it harder for voters to hear from all the candidates.” She added, “So, they either don’t care about people’s health or they don’t care about the democratic process. The people of the Northwest Bronx deserve better.”

 

 

The day after the convention, on Aug. 11, Bronx District Leader for the 80th assembly district, Marcos Sierra, also announced his candidacy in the 11^th District race. Norwood News reached out to Sierra for comment on the issue of party politics within the Bronx Democratic Party. “Historically, special elections have favored candidates endorsed by “the machine” due to low voter turn-out,” he said. “This is but one of the critical reasons that voters need to get actively involved in the local political process.”

His remarks were echoed by some other people like State Sen. Alessandra Biaggi, who was quoted in The NY Daily News on Aug. 12 giving her reaction to the issue. “I don’t know that it benefits anybody to have two members of the same family in the same area at the same time,” she said. “I don’t know how that’s not a negative. This whole entire move is so predictable, it’s almost boring,” she added.

 

On the question of whether a special election benefited any specific candidate, Cohen’s office later said that as a judicial nominee, he would not be able to comment on political matters. With regard to the judgeship nomination process, his office said Cohen did not have a say in the decision-making process, though it was acknowledged that he had expressed an interest in the judgeship for several years, independent of any campaign.

 

Norwood News also reached out to Assemblyman Dinowitz to address the rumors directly that Cohen’s nomination would help his son’s bid for a City Council seat.

 

Dinowitz said that Cohen was well-known and well-respected across the entire borough of the Bronx for his level-headedness, record of building consensus, and legal resume. “That is what the delegates based their decision on,” he said, referring to the open vote held at the judicial convention, and adding that three, term-limited council members had sought higher offices this year, including Cohen.

 

“In addition, it should be noted that Council Member Cohen, Democratic District Leader Eric Dinowitz, and myself did not vote at last night’s meeting,” the assemblyman said. “Alternates voted in our place, as the record shows. Cynics will always find something to criticize, but I did everything I could to inspire confidence in our judicial selection process, and it is unequivocal that Andy won this nomination through his own hard work and qualifications.”

 

As for the special election, Dinowitz said assuming Cohen wins the judgeship race, the voters will decide who replaces him at the City Council. “Frankly, I reject the supposition that a special election favors any particular candidate for City Council over another,” he said.

 

“There are six people who are currently running, some of whom have already been campaigning for a while now, including three who declared two years ago, and another who declared last year, and the decision will ultimately rest with the voters to decide who among them should be chosen to represent our community.” He added that he felt sorry for those who saw nefarious intent behind every action. “It must be exhausting, and I think their efforts would be better spent getting to know the people of the Bronx in person instead of inventing gossip for the Twitter-sphere.”

The Bronx Supreme Court generally handles civil matters beyond the monetary limits of the lower courts’ jurisdiction, divorce, separation and annulment proceedings, and criminal prosecutions of felonies.

 

In terms of Cohen’s qualifications, in addition to his legal experience as an attorney in various capacities, including at Civil Court, as a City Council member, he previously served as chair of the council committee on mental health, disabilities and addictions, and as chair of the committee on state and federal legislation. He is currently committee chair of consumer affairs and worker protections, and has served as a member on a number of other committees.

 

Norwood News asked the councilman, on the night of his nomination, how he saw his future role on the bench. “One of the nice things about being a legislator, versus coming from civil court, is I’ve really had the opportunity to be out with people, to be out in the community, representing people. I think that, right now, that experience is more important than ever – kind of really what’s going to matter so, I’m excited to bring that to the courthouse,” he said.

 

Regarding his journey to the nomination specifically, he said you never know how it’s going to go with judicial politics. “I’m glad it all worked out,” he said.