To deny reappointment to a sitting appellate judge because of displeasure with the judge's philosophy or decisions in particular cases tosses the vital principle of judicial independence to the wind.

Justice Verniero could also be denied reappointment after his initial seven-year term, which ends in 2006.

Anthony M. Tung, who has been a member of the panel since 1979, was denied reappointment in January by the Mayor and Mr. Norman.

More than 112 local lawyers signed a petition asking President William Howard Taft to deny him reappointment on the basis of "temperamental unfitness" and incompetence.

He is to replace Mr. Tung, who was denied reappointment by the Koch administration but has continued to serve.

Mr. Broomer was later denied reappointment after 12 years on the bench.

He joined the University of California, Berkeley, mathematics department in 1966 as an Assistant Professor, and stayed there until 1970 when he was denied reappointment.

Peter Vallone, the City Council's majority leader, might help by pledging to deny reappointment in January to any elections commissioner who refuses.

"There was nothing to deny him reappointment," Professor Askin said, "but he had too much political baggage."

And Broward Community College in Fort Lauderdale, Fla., denied reappointment to a lecturer in 1967 for talking about homosexuality.