Glen Cove judge nudged out of third term in city court

The vote to reappoint Associate City Judge Joseph McCann came before the City Council Tuesday night after Mayor Tim Tenke, who nominated him, asked that the item be tabled at a meeting on Jan. 8. And to the chagrin of his friends and family who filled city hall’s chambers, McCann was voted out, 5-2, with all five Republican council members voting “no.”

“Obviously I’m very, very disappointed with the result here,” McCann said.

The decision was met with jeers from the audience. Some attendants walked out in anger; another exclaimed the decision was “disgusting.” Many had made the assumption that McCann, a Democrat, was voted out based on partisan lines. During public discussion some residents questioned Republican council members as to why they removed McCann.

The next day Councilman Joseph Capobianco, a Republican, said not so.

“The public can be assured that the reasons had nothing to do with party affiliation,” he said. Capobianco said he had spoken with court officials and attorneys who had appeared before McCann in court to inform his decision. “We did have good reasons, which we chose not to share with the public out of respect for McCann.”

More than half a dozen residents spoke on McCann’s behalf, including his 20-year-old daughter, Margeaux. “Other than getting somebody off the freaking Supreme Court, you’re never going to find somebody as qualified, or who even loved their job as much [as him],” she told the council as tears streamed down her face. She, too, accused the Republican block of submitting to party politics.

McCann dedicated 12 years to the Glen Cove City Court. He spent one year studying at Oxford University in England. Following his law school graduation from St. John’s, he served as a law assistant in the N.Y. State Court of Appeals. He was then appointed Assistant United States Attorney in the Eastern District of New York for over seven years. McCann went on to serve as General Counsel for the Jacob K. Javits Convention Center before forming the law firm Murray & McCann.

“Here is someone with great integrity, who has worked so many years bringing justice and good judgment to the people of Glen Cove,” said Gaitley Stevenson-Matthews. “In a broad way he is so vividly qualified, and the idea that we step aside and don’t allow him to serve our city is sad.”

Since his reappointment was held up, McCann’s jurisdiction as a court judge, as well as his benefits, ceased on Jan. 1. “For that technical reason I am losing my dental benefits for my family and myself, and also vision benefits, which I would’ve had if I retired in the normal course of things,” he said.

Some residents expressed disappointment with the mayor for tabling McCann’s appointment, including former City Councilman Roderick Watson, who called the action an “embarrassment.” “It’s unfair to tell someone who has already served the city that they have to wait for [the council’s] approval,” he said. “If the council had an issue with him prior to that, he should’ve never been put on the agenda.”

Capobianco said that McCann’s appointment wasn’t brought to the council’s attention until late December.

After the meeting, Tenke said he delayed the vote on the reappointment to give Republican council members another week to discuss it. He then said, “Knowing what I know now, that they weren’t going to support him, I wouldn’t have waited.”

Others, citing the November election, implied that Republican council members could be voted out, too, if the partisan stronghold were to continue. “There’s a lot of people who are going to be changed on this,” said Nancy Hawkins. “There’s a lot of people watching out there, and they’re getting sick of it.”

Tenke said a judge from the county would fill McCann’s vacancy temporarily until another appointment is made. “The problem we face going forward is I don’t have another candidate, and it’s going to take some time to replace him,” he said. “This is really doing a disservice to the people of Glen Cove.”