State Supreme Court Justice James Yates, who was due to become counsel to Gov. David Paterson, has informed the state's chief administrative judge, Ann Pfau, that he will be staying on the bench rather than take the executive branch appointment, it was confirmed by David Bookstaver, spokesman for the Office of Court Administration. He referred all other questions to the governor's office -- the main one being what happened -- and we're awaiting a return call from his press aides. The appointment of Yates, a widely respected jurist, was announced nearly a month ago.
UPDATE: We now have a statement from the governor's spokesman Errol Cockfield that offers little by way of explanation. Click on the 'continued' bar for the text.
UPDATE: Here's a statement from Yates, released by Cockfield: “I was honored that the Governor asked me to become his Counsel, and my first reaction was to agree to serve. However, after much thought and deliberation, I realize that my true calling is serving as a judge. As a result, I spoke with the Governor today to thank him for having considered me for this position, but to let him know that I must regretfully withdraw from consideration. I very much would have enjoyed the opportunity to serve the Governor and his administration, but serving as a judge is a position that I love, and that I find too hard to leave."
Dan Janison
"Judge James A. Yates today informed Governor Paterson that, after further thought, he realizes that he wishes to remain serving on the bench, and that he regretfully will not be accepting the offer to serve as Counsel to the Governor. The Governor understands that this is a personal decision by Judge Yates based upon his love for the bench. David Nocenti has kindly agreed to continue to serve as Counsel to the Governor on an interim basis while a search is conducted."