WASHINGTON — Rudolph W. Giuliani, in an effort to temper his support for abortion rights and his other socially liberal stances, has been assuring conservatives that as president he would appoint "strict constructionists" to the federal bench, in the tradition of Supreme Court jurists Antonin Scalia, Clarence Thomas, Samuel A. Alito Jr. and John G. Roberts Jr.
But now, some prominent conservatives are saying that Giuliani's record as mayor undermines that promise. In his eight years leading New York City, they say, Giuliani appointed a number of judges who did not appear to fit the conservative mold.
Giuliani, who has surged to a double-digit lead in polls in the race for the GOP presidential nomination, appointed or reappointed 127 municipal judges. He has cited that experience to conservative audiences to drive home the importance he places on judicial nominations. Municipal judges sit in family court, hear misdemeanor cases in city criminal courts and hear civil court claims of less than $25,000.
"Rudy's judges were mostly liberal," said Connie Mackey, a former New Yorker who now serves as vice president of FRC Action, the legislative and political arm of the conservative Family Research Council. "Any pro-lifer who believes they are going to get the kind of judge out of Rudy Giuliani that we see in either Roberts or Alito is probably going to be disappointed."
Some constitutional law experts disagree with that conclusion. But there is no question that Giuliani's appointment record has already drawn concern from some conservatives.
One judge approved by Giuliani, Rosalyn Richter, had been executive director of a gay rights organization, Lambda Legal Defense and Education Fund, before being named to the bench. After her initial appointment by former Mayor David N. Dinkins, Richter changed the questions asked of potential jurors to be more welcoming to gay and lesbian couples. She was later reappointed by Giuliani.
Another judge, appointed by Giuliani to the criminal bench in 1996, Dora Irizarry, has called herself pro-choice and was later elevated to the federal bench with strong support from Democratic Sens. Charles E. Schumer and Hillary Rodham Clinton of New York.
A family court judge reappointed by Giuliani, Sheldon Rand, was excoriated on the conservative-leaning New York Post editorial page last week for ruling that city funds be used to pay for a sex-change operation for an indigent New York resident.
