Democracy on hold - Editorial

Tuesday, December 4, 2007

THE RECORD EDITORIAL

DISCONCERTING information about Bergen County Prosecutor John Molinelli has come to light. We can't be more specific. All we can say is that it could be grave enough to make his continued service impossible. On second thought, never mind.

That secret problem we were going on about turns out not to have been such a big deal. Molinelli will do.

That, for all the public knows, sums up the perfectly unenlightening story of state Sen. Loretta Weinberg's newly withdrawn blackball of the county's top law enforcement official.

Governor Corzine nominated Molinelli for another five-year term in June, but Weinberg used the unwritten power known as "senatorial courtesy" to ensure that the state Senate did not confirm the prosecutor or even consider doing so.

Back in the spring, Weinberg helpfully noted that she had "some questions which need some answers." There would be a few other sphinx-like pronouncements from the Teaneck Democrat, including, "There are particular concerns that reflect in the way the office is conducted," and, "I can't say I feel that they [unspecified allegations] are true. And I don't know that they are untrue."

Then, on Friday, Weinberg's particular concerns about the way the office is conducted had abruptly dissipated. "I'm satisfied that an appropriate review was done," she told The Record.

Molinelli's wait for a hearing, however, will not end so soon. Sen. Henry McNamara, R-Wyckoff, reportedly has not lifted his own hold on the nomination.

The only useful aspect of this entire episode has been to remind us of the intolerability, in a modern democracy, of powers such as senatorial courtesy. The state constitution gives the Senate powers of "advice and consent" on a broad array of gubernatorial appointments. The senators have taken this reasonable check-and-balance power and given themselves neo-feudal rights. The unfortunate upshot is that any senator can block any appointment from his or her home county for any reason -- typically an unspoken one.

Weinberg may have had a good reason for blocking Molinelli, whose tenure has not been free of controversy. She may also have a good reason for letting it go forward. The trouble is that we don't know, and we are not likely to find out.

There are already at least two public forums explicitly designed for senators who have qualms about a nominee: the Senate Judiciary Committee, which may hold hearings on any nomination, and the confirmation votes on the Senate floor. The taxpayers even paid for a couple of big fancy buildings to house these proceedings. Senators should do us the courtesy of using them.