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Lansing has two Town Justices, and one of those four-year terms is up this year. Judge John Howell is running unopposed for his fifth term on the Lansing bench. He has lived in Lansing all his life, and he and his wife Carol have a sons who lives in Syracuse, and a daughter at Cornell School of Veterinary Medicine.

Howell has been a facilities manager for some of the biology departments at Cornell for 25 years. With both a biology and a construction background, he says it's a perfect fit. Carol has her own home decoration business, called ‘Creations by Carol.'  Howell was inspired to become a judge by the two judges who preceded him, Fred Spry and Floyd Ferris, family friends who sat on the Lansing bench for about 30 years. He was appointed to finish Spry's term when the judge passed away, and has been there ever since.

The Lansing Star spoke to Judge Howell in the Town courtroom last week, where he talked about why he is running for another term, and his approach to and philosophy of presiding over a courtroom.

Lansing Star: Why are you the best candidate and what unique benefits do you bring to the job?

John Howell: I've been doing this for 16 years.  I have a good sense of the community, and so I'm looking to continue making Lansing a safe place to live and grow your family.

LS: Why did you want to become a judge?

JH: For the same types of ideas.  I knew the two previous judges really well and they represented a fairness.  I don't have a cop background or a legal background, but I have always been looking at what's fair and what's good for the community.  So I certainly am interested in the legal part.  You have to be interested in the laws and the procedures.  It is very interesting.  It's a challenge because it is not stagnant.  Every year it's something new.

LS: I would think it would be difficult not having a legal or law enforcement background.

You need to be in control but you're also just part of the process.  It's important because it is all about the jury.  It really is a process to make sure that, as much as possible, the jury understands their role.

JH: Actually I'm not sure.  If you've been following the press over the last two years there are 1800 judges of what we call the town and village judges in the state and only 400 of those are lawyers.  So they gear it in a way, we get trained and we get continual paperwork and education to make sure we have the background to do it.  So I'm not sure... certainly there are motion papers and legal steps that allow background but in some ways this is more about community and about coming up with good judgment and making sure you know the law.  So that works out well.

LS: I was actually in your court.  I was called for jury duty not too long ago and I was disappointed not to be chosen, though I didn't think you would choose a journalist.

JH: Anyone is (eligible),even judges and cops, and anyone now.  No one is rejected any more.  I've had six jury trials in the last 10 months.  That's a lot for me.

LS: You were matter of fact, and I thought you were not intimidating to potential jurors.

JH: You need to be in control but you're also just part of the process.  It's important because it is all about the jury.  It really is a process to make sure that, as much as possible, the jury understands their role.  So you really have to set it up that way and most of the DAs and the defense attorneys really understand local court.  It's a little different than felony court or county court.  It's still important, still some person versus some defendant.  There's a lot at stake.

LS: When you get a case do you tend to be letter of the law or spirit of the law?

JH: That's a good question.  I guess it depends upon the case.  A lot has to do with what type of a case it is.  There is a lot of press about domestic violence.  With orders of protection you really have to be the letter of the law there because the risk is so great.  There's no question you really have to be on your toes.

It really depends on the case.  If it's a first time offender, especially a young person and they can document that they are either trying to go to school, or get a job, or trying to get their act together, then yes, you can be a bit more lenient.  But it really depends upon the case and the background of the individual.

On the other hand you have to be fair and consistent.  What's crucial to me is...what's tough about this job no matter if you know them or not or who they are you have to try to be fair and consistent.  That's what's tough about this job.

LS: That anticipates my next question.  I would think that one of the things that would be very difficult for any judge or attorney is to separate political or philosophical beliefs from what's going on in your courtroom.  How do you do that?

JH: It's interesting.  Certainly years ago I was very strong and political or even philosophical.  When you get up on the bench you get (to play) a role where you realize it's more important to be fair and to understand the law and to really do the best you can for each case. 

So yes, it's a challenge.  I've lived here my whole life, know a lot of people, a lot of people know me, but on the other hand it doesn't matter if you know me or not.  The challenge is to be fair and consistent and very early on you learn to sort that out and I think it's just because of the role that you take on and how you are trained.  If that's the priority it's not that hard.

LS: I guess the use of the word ‘role' is pertinent to this because basically that's what an actor does.  You're not watching John Gielgud; you're watching the character that he created.  In that case it's fiction -- in this case it's a pretty well defined role in reality.

You see somebody, and it's not a TV show, this is real people.  We get these reports from when I actually have to sentence somebody we'll get these reports from probation and they are very thorough. 

JH: It's a one to one.  When I'm up at the bench, and people will tell you that, I try to get, whether it's brief or not, I try to get to know everyone as an individual.  So you still have to get on to the next case but it's something that makes it interesting and that's why I come back every week and have been doing this for so many years, because it's a challenge to do the best job that you can.

LS: Do you ever just feel so sorry for some poor person that didn't know any better?

JH: There are definitely amazing cases that, even at our level, whether they are a kleptomaniac or their life is all about petty larceny.  It's amazing how they have to spend their whole life around that minor petty larceny, shoplifting, that sort of thing.

Or obviously the whole issue with drugs and alcohol.  You see somebody, and it's not a TV show, this is real people.  We get these reports from when I actually have to sentence somebody we'll get these reports from probation and they are very thorough.  That's probably my best ally, getting information when I have to do a tough sentence.  You can read the life history of some of these people and it's very sad.  It's tough sometimes.

LS: This is something you alluded to before, that in a local court like ours, especially since you grew up here, you're bound to know some of the defendants.  So how do you handle that?  Do you pass the ones you know off to Bill Burin?

JH: Yes, anybody that is related to me has to get passed off to Bill or another judge.  If there is a close friend particularly if you're legally or financially involved with anyone, or a close friend connection we're bound - the word is ‘recuse.'  We recuse ourselves and Bill and I -- and obviously a lot of people know Judge Burin, too, so yes, we do that.

Other than that most of the things are pretty straightforward.  I'm not going to give somebody more of a break than I would if I didn't know them based on what their background is and what the case is.


LS: Or there's the opposite temptation because you know them but you don't want to appear favoring them. 

JH: You hit it right on the nose.

LS: Sending Paris Hilton to jail longer or shorter who knows.  Glad that's over!

JH: That's for sure.

LS: Do you think that judges should be elected or appointed?

JH: Actually I think elected works fine. 

It's interesting if you follow the city of Ithaca, that is an appointed position.  So it certainly depends upon the community.  Certainly with the size of a town like Lansing it's easy it's much better to be elected because it's really an opportunity where people do get to know who they are voting for and it's not a matter of politics per se, one party or the other.  The only way we can get elected is if we are affiliated with one party or another.  But it's more about allowing the people to make a choice on who they want to be their local judge.  I'm 100% for that and I think it works.

LS: If you could change something in the system especially after being a part of it for 16 years what would that be?

JH: There's a statewide committee that is reviewing the courts at the local level at the town and village level.  They are proposing some changes that I actually don't mind at all.  One is that where you become a court of record, which means there's actually going to be a record of the proceedings just like in county court or city court.

LS: I saw that you did have somebody at the trial.

JH: For trial, for all trials we certainly do get a stenographer because of the chances of an appeal.  You want to make sure that you have an exact transcription and even during the trial, for example, there will be some question where even when the jury deliberates they want to come back and ask a question about what did John say in this case?  So they can actually read back that testimony.  So that's crucial.

So right now it's not necessarily going to be a person but I think it's going to be some sort of technology, some digital recorder kind of thing.  So it's still only a digital recording but at least there will be that.

LS: Well of course it's something that can be transcribed later if need be.

  I guess the reason I do this is to help young people.  What I've learned over the years is you get a lot of young people coming into the court that are coming in very often for the first time, and you can make a difference for some of them.

JH: Yes.  Actually I think it works very well.  There's been a lot of press about some judges getting in trouble but when you have 1800 judges out there I don't care if they are lawyers or not there's always going to be some disgruntled person and there's always going to be something.  There are so many things you have to do, and there are so many things you can never do -- that you're going to get tripped up. 

So I think it works really well.  I really think the local town judge system... because only about half of the states in the country have this kind of a system.  Judge Burin and I have both been to some national conferences and it's interesting to compare other states.

It's surprising what states don't have this and what states do.  In the Midwest and the West and the South the systems are quite different.  Some are much more regional what we call district judges and courts things like that.  But others just have like New York just have local town judges.  I think it works and I think that people being able to elect their judge and come to court and expect to have a fair proceeding is very important.  I think it works very well.

LS: What would you like to say about your candidacy that I haven't asked you?

JH: Just that I appreciate the support of the community.  I appreciate the support of the Town Board.  The Town Board has been very supportive.  And of course we are growing.  The computers and electronic technology and the Board and the community has been very supportive over the years.

I guess the reason I do this is to help young people.  What I've learned over the years is you get a lot of young people coming into the court that are coming in very often for the first time, and you can make a difference for some of them.  So that's what you really try to do.  Not that I'm going to change the world, but there is just one little piece that maybe you do.  Later in life I do follow up on some of these and it seems like they are changing their lives around.  So there's some kind of reward there.


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