Mayor Cory Booker is defending his deciding vote to appoint a new council member to replace the vacated position left by newly-elected Congressman Donald Payne, Jr.

A state Superior Judge will decide if the Mayor’s tie-breaking vote to appoint Shanique Davis Speight last week was legal. Four City Council members, including Councilman Darrin Sharif, filed a lawsuit challenging the move.

“We never had a clue. It wasn’t on the agenda. It wasn’t brought to us in advance.”

However, Mayor Booker says he was in his legal right to weigh in because Councilman Ron Rice, Jr. was absent during the session.

“This process happens more routinely than you think.  It happen just weeks before in Hoboken. But, you didn’t have yelling, cursing, shoving or assaults.”

The move enraged some residents who caused a near riot in the City Council chamber.