Photo by Eric Tichy Ellicott Town Justice Marilyn Gerace speaks during Monday’s Town Board meeting.

A decision by Ellicott Town Board members to quietly abolish one of its two elected justices was met with scorn at a heavily attended meeting Monday.

Among the most vocal were Marilyn Gerace and Sally Jaroszynski, the town’s two longtime justices who took council members to task for making the decision in executive session and without public input.

“You failed your constituents, those who elect you into office, by not allowing their voices to be heard,” Gerace said during a privilege of the floor during Monday’s Town Board meeting. “As part of a transparent and accountable democratic process, it is essential that the voices of our citizens, including business owners, taxpayers and stakeholders are heard and considered when making decisions that affect our community, public safety and integrity of the court process.”

About two dozen people were in attendance at the Town Board meeting, most wearing stickers that read “Save Our Justice! No Resolution 1.”

In March, council members moved to pass a resolution to abolish Gerace’s elected justice position in a term that is expiring Dec. 31 of this year. 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 their March 13 meeting.

The board 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.

Further frustrating Gerace and Jaroszynski was how they were notified of the Town Board’s decision — by email from Supervisor Janet Bowman a full day after the resolution passed and was set to run as a legal notice in The Post-Journal. She said they were “blindsided” by the move.

A portion of Bowman’s email, shared with the newspaper, reads, “The Board has been reviewing all of the Town’s operations and departments to determine how taxpayer money could either be saved or better utilized. The decision regarding the reduction in the number of Town Justices was one the Board has carefully discussed and considered. The upcoming election in November presented the Board with an opportunity this year which the Board felt needed to be acted upon.”

Though a handful of residents spoke during Monday’s Town Board meeting criticizing the move, the board did not address the axed justice position.

Gerace has been a judge in Ellicott for nearly 32 years while Jaroszynski is currently in her 14th year.

In her prepared remarks, Gerace criticized the Town Board for not including the resolution on March’s agenda, preventing the public from being made aware that abolishment was even being considered.

“You have done the citizens of this community a grave disservice,” Gerace said. “The town of Ellicott residents are in support of contributing their tax dollars to support the court system in the way it is currently structured.”

Both justices hear hundreds, if not thousands Gerace estimated, of cases a year in Ellicott Town Court. The pair handle a variety of court matters, from routine traffic violations and some civil matters to preliminary hearings for felony cases.

Jaroszynski said the elimination of a justice position is a “critical blow to an individual’s access to justice and fairness in our community.” She said the move also will place an unnecessary burden on the remaining justice — herself — to handle the entire caseload and an already backlogged judicial system.

“I’m still taken (aback) of the disrespectful way in how this was done,” Jaroszynski said. “It was just completely disrespectful. I’m looking at all these faces in front of me right now and not one approached me; not one asked me about my court; not one asked me about our process; no one asked about our scheduling, why it had changed. Nothing.”

Also denouncing the decision in comments to the board were Rexford Morgan, a local attorney, and James Rensel, a town resident and former Falconer mayor.

Jason Schmidt, Chautauqua County district attorney, expressed concerns with Ellicott moving forward with one town justice. In a letter that was read aloud, Schmidt noted that Ellicott Town Court is among the busiest in the county and requires two justices to handle arraignments and other “speedy trial” matters that come before the court.

“The elimination of one of two justice positions in such a high-volume court could jeopardize the integrity of our criminal prosecutions by leading to longer delays in the adjudication of individual cases, increasing wait times for all involved, including not just criminal defendants but witnesses and counsel as well, and increasing the court’s backlog which we have all worked so hard to reduce following the reopening,” Schmidt said.

“Without question, these factors could potentially lead to the dismissal of cases on statutory and Constitutional speedy trial grounds through no fault of the police or prosecutors,” he said. “This, in turn, could undermine public confidence in the legal system and diminish access to justice for our citizens.”

The DA urged the Town Board to reconsider its decision.

Council members also heard from the union that represents members of the Ellicott Police Department, many of whom handle security for Town Court. The union noted that the department counts on the availability of a town justice “at all hours of the day and night for many years.”

In a letter to the Town Board, the union said in part, “It is our belief that eliminating a Town Justice would be a step backwards for the future of the Town of Ellicott.”

In addition to serving as a town justice, Gerace helped spearhead the county’s Centralized Arraignment Program at the Chautauqua County Jail. Also known as CAP, centralized arraignment is held each morning and evening and ensures anyone arrested is brought before a judge with a public defender available within 12 hours.

Gerace has been presiding and coordinating CAP since its inception in 2018.

A petition opposing the resolution was circulated, gathering 325 signatures and filed with the town clerk. As allowed by town law in New York, the resolution is subject to a permissive referendum, which allows a resolution to be put on a ballot for a vote.

Gerace filed the petition with the town clerk on April 5. “There’s a timeline now that they have to make a decision,” she said. “If they don’t agree this evening to repeal this, then we have to go to a referendum.”

Questioned shortly before the board adjourned Monday, the town supervisor acknowledged the public’s input. “You gave us a lot of information that we have to discuss,” Bowman said.

Bowman seemed open to the board holding a special meeting within the next two weeks to review the justice decision, though it’s not clear whether council members are open to rescinding the resolution.