Archive: Opinions

Next week, Lansing voters will have a clear choice between two candidates for Town Justice, a choice between Maura Kennedy-Smith, an attorney with years of litigation and State court administration experience, and Dick Costello, a retired golf pro.

New York does not require that a Town Justice have a law degree, because, historically, many communities in our state simply didn’t have a trained attorney who could fulfill the role of Justice. Even today, there may be communities in parts of the state who would be hard pressed to find an attorney to fill the position. I’m sure that many of our non-attorney Town Justices work hard and do a good job.

However, since we in Lansing are fortunate to have a candidate with Maura’s credentials and experience on our ballot, why would we not vote for her? While “people skills” may be a desirable attribute, a Town Justice is not “in the people business” so much as he (or she) is “in the law business.” The Justice’s primary job is to know and administer the law. A knowledgeable Justice is particularly desirable in town and village courts, where many litigants appear without counsel who might help educate the Justice as to the law that governs their cases. The State understands that Town Justices need legal training: elected Justices who are not attorneys must take a week-long course provided by the State’s Office of Court Administration before they are allowed to adjudicate cases.

A Justice who is a trained and experienced attorney also understands the impact that his/her rulings will have within the context of a justice system that comprises many players besides the courts. In contrast, when Mr. Costello campaigns on a slogan like “more bail, less jail,” it’s clear that he does not understand what he’s saying. Bail keeps defendants out of jail only if they can afford it, and it is a sad fact that many of the defendants who appear in our Justice court cannot afford to post bail. Imposing bail, rather than considering release on recognizance or other options, like a referral to treatment court, may actually increase our jail population.

I don’t know Mr. Costello. He must be a great people person, judging from all the letters his old friends from as far away as California and Florida have written to endorse him. I do know Maura Kennedy-Smith. She is not only a terrific people person, but a skilled and experienced lawyer. Who would I want to rule on my speeding ticket, or decide my husband’s small-claims case, or arraign my teenager on a drug charge? The choice is clear to me.

On November 6, please choose Maura Kennedy-Smith for Lansing Town Justice.

Deborah Dawson
Village of Lansing
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