Archive: Opinions

I strongly support Maura Kennedy-Smith for Lansing Town Justice.

Your editorial last week incorrectly stated that New York says legal background doesn't matter when electing judges. Just because the law does not require judges to have a legal background does not mean that a legal background is not a huge asset for a judge.

Most services we hire help for on a regular basis do not require experience, but that does not at all imply that someone without experience is as qualified as someone with it. When I need my roof repaired, I'm allowed to hire someone with no experience, but I expect better results by hiring someone who has been skillfully repairing roofs for many years. When I get my car fixed, I'm allowed to hire someone with no experience or do it myself, but I prefer to go to a mechanic with 37 years' experience.

From personal experience, I know it's very important for the Town Justice to be familiar with the law.

Over 25 years ago, I went to the Town Court to evict a tenant who had stopping paying his rent. I had an attorney. The tenant did not. Several times during the proceedings, my lawyer, sensing that the judge was not confident in eviction law, tactfully directed the judge on what he should do next. After a while, it felt like my lawyer was running the court.

Although the issue was fairly clear, I felt the tenant was at an unfair disadvantage because of the judge's unfamiliarity with the law.

In relating my story to others, I've learned that my situation is very common in town courts, especially when it involves an attorney who appears in the court fairly frequently. In many cases, the justices come to assume the attorneys know more about the law and do whatever the attorneys advise.

In order to provide fair and equitable treatment to all parties, it's important for the Town Justice to have a firm foundation in the law. Maura Kennedy-Smith has that foundation and will ensure that all parties are treated fairly from her first day in office, something that we as voters should all be concerned about.

Ted Laux
Lansing, NY
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