Judge who switched parties in 2019 holds off challenge to his seat at convention

A state judge who was formerly a Republican turned back a challenge by Westchester progressives Thursday night and was nominated by Democrats in the 9th Judicial District to run for a second term.

State Supreme Court Justice Charles Wood needed a second ballot at the party’s judicial convention at the Sonesta hotel in White Plains to beat Alex Eisemann, a late nominee also supported by several mainstream party leaders as a stalwart Democrat who had never been a Republican.

Eisemann's bid came up short after opponents pointed out that he likely would not be able to assume the bench in January if he won the November election because he turns 70 − the retirement age for state judges − in December.

The nominations for three other seats up this year in the district went as expected, with state Supreme Court Justice Francesca Connolly tapped for re-election to a second 14-year term and Rockland County Judges Larry Schwartz and Rolf Thorsen nominated for open seats in that county. The district covers Westchester, Rockland, Putnam, Orange and Dutchess counties and candidates are traditionally residents of the counties where seats open up in particular years.

The four winners are considered favorites in the November election as Democrats enjoy a large majority among registered voters in the five counties.

Republicans held their convention Thursday night as well and nominated John Sarcone, a lawyer from Croton-on-Hudson; Minisink Town Judge Karen Ostberg of Orange County; LaGrange Town Judge Susan Sullivan-Bisceglia of Dutchess County; and John Ciampoli, an election lawyer who lives in Nassau County.

Connolly, Schwartz and Thorsen faced no opposition for their seats. In the race for Wood’s seat, Eisemann emerged as a candidate after the other lawyers and judges deemed acceptable by the party's screening committee opted not to challenge the incumbent.

Wood, who lives in Lewisboro, was a Yonkers city judge for four years before election to state Supreme Court in 2009. He became a Democrat in 2019, and his campaign manager said the party switch came because what he saw during the Trump presidency was inconsistent with his values.

Progressives argued that the switch meant Democrats should look elsewhere for a candidate. A group calling itself Citizens for a Democratic Judiciary formed and focused not only on his party switch but on a few of the rulings among what he says have been 15,000 cases he has handled on the bench.

One of those was a ruling in 2021 that prohibited the New York Times from publishing documents prepared by lawyers for the conservative group Project Veritas and directing the newspaper to turn over physical copies and destroy digital ones.

Suzanne Berger, the Democratic party chairwoman in Westchester, nominated Wood at the convention Thursday night, recognizing the lack of unanimity in his candidacy but emphasizing that he is a respected jurist who court veterans believe should remain on the bench.

Earlier in the summer, Berger expressed support for Wood but stopped short of formally endorsing his candidacy. She said he gained that endorsement in early July after she heard from a majority of local Democratic leaders that their delegations to the convention believed he should be re-elected.

Wood spoke briefly before the vote, saying he had addressed questions about his criticized rulings in the many small meetings he had with local Democratic groups.

"I've been vetted...I've been through more examinations by committees than I believe any other candidate in recent memory," he said. "I've gone and answered questions and been open and honest with you."

Eisemann is also a resident of Lewisboro and previously ran unsuccessfully for state Supreme Court in 2013.

Regarding his age, there were questions about whether his name could even appear on the ballot and whether that would leave Democrats with only three candidates in the election. His supporters argued that if he was disqualified a committee on vacancies could have tapped someone to replace him on the ballot.

The uncertainty led more than 35 of the 163 delegates to vote only "present" in the initial balloting. Wood won that ballot 68-59. But because the progressives had pushed for the winner to need a majority rather than a plurality a second roll call was held. Far fewer delegates voted "present" the second time and Wood outpolled Eisemann 84-53.

"This fight shows a troubling split within the Westchester County party," said Shannon Powell, head of Indivisible Westchester who was among the organizers of the Wood opposition. "Local Democrats don't understand why party insiders fought a bitter battle to support a lifelong Republican judge in the Trump era at a time when our courts matter more than ever."

She expressed confidence that an organized campaign for one of the other qualified Democrats would have beaten Wood "hands down". But none had the "guts" to challenge him, she said, suggesting they feared for their prospects in future years if they were unsuccessful.

This article originally appeared on Rockland/Westchester Journal News: State judge who switched parties in 2019 holds off challenge to seat