Judge to politicians: work it out. That was the message Friday from the latest jurist roped into untangling Albany’s massive political knot.

State Supreme Court Justice Hon. Richard McNamara said, “It would be in everyone’s best interest if the Senate over the weekend got together and either let calmer, if calm heads aren’t there, heads prevail and resolve this among yourselves.”

They haven’t been able to, so Democrats brought the case, aiming to render illegal Monday’s coup that stripped the leadership of Malcolm Smith. They argue he was never officially deposed before Republicans voted to replace him with fellow Democrat Senator Pedro Espada, Jr.

“He was never vacated from the office,” said Smith’s attorney, Andrew Celli. “You can’t have two people in one office, and he had it first.”

Espada, first in line to Governor Paterson under the Republican plan, is still prohibited from taking over should something happen.

This judge’s reluctance to get involved doesn’t bode well for the Democrats. It’s triggered their arguments that if he doesn’t intervene, the state will plunge into a constitutional crisis.

Legal expert Paul DerOhannesian said, “That is smart, that’s effective, and perhaps the opening for the court to get involved here because ordinarily courts wouldn’t get involved.”

Of course coup plotters counter it was all done by the book.

“He’s taking up our motion. We’re going to get oral argument Monday, and as you heard, the judge said he’s going to get us a quick decision,” said John Ciampoli, attorney for the Republican/Espada coalition.

But even if that decision goes against them, Republican Leader Dean Skelos said he’d disregard it.

“No matter what a judge says, we’re supposed to vote the people’s business,” he said.

For now, that business is all about political deals. As lawyers prepare for arguments Monday, Democrats and Republicans will spend all weekend jockeying for the majority.

(Source: Capital 9 News)