Public, Judges Should Be Involved In Ellicott’s Plan To Streamline The Town’s Court
The public doesn’t yet have enough information to know whether or not Ellicott’s plan to eliminate a town justice position makes sense.
There has been no public discussion of caseloads the two town judges hear each year or of ways the remaining judge would reorganize the court when the Ellicott Town Board’s plan to eliminate one of the two judge positions takes effect at the end of the year.
In March, board members passed a resolution to abolish Judge Marilyn Gerace’s elected justice position in a term that expires Dec. 31. The resolution was not included in the Town Board agenda, and according to minutes from the meeting posted by the town, it was not brought up at the board’s March 13 meeting. Trustees did go into a half-hour executive session for “litigation/personnel” before exiting and unanimously voting to abolish one of the justice positions. As a result, the town will be left with one justice — Jaroszynski — beginning Jan. 1, 2024. The public found out only after a legal notice ran in The Post-Journal. The town may have legitimate reasons to make this change, but no one knows what those reasons are – and that’s the very definition of bad government.
People are upset because the board never told residents why the town justice position was being cut. And doing so largely behind closed doors means the public was entirely cut out of the debate and discussion. Yes, the decision happened in open session, but it happened to a largely empty room because the issue was never on an agenda for the media or public to see. The public couldn’t ask questions of the board. No one knows what their elected officials are thinking or the reasoning behind their collective decision. And while Judge Sally Jaroszynski wasn’t under oath, it’s telling that no one on the board, nor Town Supervisor Janet Bowman, actually talked to either judge about the way the court operates before abolishing a position.
A petition has been filed to put the issue on the ballot for a public vote. In our view the petition shouldn’t be required. The board should call a special meeting and rescind the resolution eliminating the judge’s position. If board members feel eliminating a town judge position is the right decision, then the board should defend that decision. Put the matter on a Town Board agenda so the public knows of the discussion. Board members should tell town residents — and the judges — their plan to make sure the court operates efficiently with one fewer judge. Will there be a change to court office staffing? If so, people need to know how that will work as well. Explain the benefits and possible drawbacks of eliminating a town judge. Then, and only then, make a decision.
