N.Y. Judge Charged in Sex Scandal Keeps His Job

A crisis in New York State’s highest court continued Monday as the chief judge, charged with making threats against his ex-lover, refused to step down and the six associate judges of the Court of Appeals, following an emergency meeting, declined to remove him.

At issue is the future of a once-respected jurist caught up in a web of power, obsession and politics. Chief Judge Sol Wachtler, 62, and married for more than four decades, was arrested over the weekend on federal charges of blackmailing and harassing Joy Silverman, 45, a socialite and leading Republican fund-raiser who had ended a secret affair with him.

Wachtler remained in a hospital Monday, under psychiatric care and in the custody of federal marshals. He was under 24-hour guard for fear he might kill himself, officials said.

There was amazement and shock within the criminal justice system as New York City’s tabloids headlined the tale of how a pillar of the judicial Establishment and perhaps Gov. Mario M. Cuomo’s strongest potential opponent in the next gubernatorial election, had suddenly fallen.

The federal complaint charged that Wachtler had committed numerous acts of harassment against Silverman after she ended their affair for another man a year ago.

The complaint enumerates episodes of stalking and harassment. It alleges Wachtler made obscene phone calls and sent Silverman’s 14-year-old daughter a lewd letter that included a wrapped condom.

Wachtler is accused of threatening to kidnap the teen-ager. Investigators charge that he used a device to disguise his voice in some calls.

The arrest quickly placed Wachtler’s colleagues on the bench in a legal thicket. On Sunday, the judges had expected Wachtler to temporarily step down, and after phone consultations they had even issued a statement that he would withdraw temporarily. But the statement was retracted, and officials said it was made public in error.

After meeting for more than an hour Monday, the judges said that they had not asked Wachtler to resign. Instead, Associate Judge Richard D. Simons, the court’s senior judge, said he would assume the duties of the chief judge in Wachtler’s absence.

“All of us express our deepest sympathy to Sol Wachtler and his family,” Simons said, praising Wachtler as a man and a judge with “very fine qualities.” He said he hoped the difficulties would be resolved as quickly as possible.

As chief judge of the Court of Appeals, Wachtler presides over all state courts and more than 5,000 judges. In New York State, only the Court of Appeals or impeachment by the Legislature can remove judges from the bench.

When she and her daughter became the target of threats, Silverman notified FBI Director William S. Sessions. The FBI’s New York field office handled the investigation, officials said.