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Replacing Rosenbaum could take months if Cuomo does not act

Odds are good that greater Rochester will have one less State Supreme Court judge next year because it’s unclear how Judge Matthew Rosenbaum will be replaced.

The New York State Office of Court Administration said in a release that Rosenbaum is under a state investigation for undisclosed misconduct allegations, and he's been relieved of his duties. Other judges will pick up the slack.

Doug French, the Republican commissioner of the Monroe County Board of Elections, said while the governor appoints people to other offices -- such as sheriff and county clerk -- it's uncommon at the judicial level.

“There really haven’t been an awful lot of judges that have been appointed by any governor,” he said.

But according to the state constitution, the governor could intervene. Rosenbaum himself was appointed in 2005. Any appointed replacement would likely have to run for election in fall 2020. 

French said he’s waiting on the state board of elections to tell him what’s next.

“It’s kind of a waiting game here,” said French. “Waiting to see how the state board of elections certifies it. Are they going to certify that three vacant seats are up in 2020, or is it a fourth vacant seat that the voters are going to be voting on?”

Cheryl Couser, a spokesperson for the state board of elections, said that they have not taken action yet because the state Office of Court Administration has not yet notified them of a vacancy.

James Brown is a reporter with WXXI News. James previously spent a decade in marketing communications, while freelance writing for CITY Newspaper. While at CITY, his reporting focused primarily on arts and entertainment.