OBSERVER Photo by Braden Carmen Justice Christopher Penfold is currently the only judge in the town of Dunkirk. With the town unable to find a second judge, it appears that will be the case for the near future.

After months of searching for qualified and willing candidates, the town of Dunkirk has been unable to find a second member of the community to serve as a town justice.

As a result, the Town Board is calling a public hearing at its next regular meeting, June 20 at 6:15 p.m., to entertain eliminating the open position and moving forward with just one judge. “We have advertised for a second judge, with no takers,” said town Supervisor Juan Pagan. “We haven’t had any luck in bringing a second judge on board.”

Currently, Justice Christopher Penfold is the only sitting judge in the town. “Mr. Penfold feels that he can mitigate the load at this point,” Pagan said.

If the town chooses to move ahead with a local law to reduce the sitting justices in the town from two to one, the local law is subject to mandatory referendum on the ballot in November.

“The only issue on the ballot in November is the adoption of the local law, shall it be approved or not,” said town attorney Jeff Passafaro.

At a future date, even if the law is adopted, the town could choose to go back to two justices. However, that process would also require approval once the position is eliminated.

“In discussion with the board, we’d love to have a second judge, but at this point, there’s no takers. That’s not to say at some future point in time, if somebody might want to step up, we couldn’t reverse that at some point,” Pagan said.

Ellicott Town Board members attempted to reduce the number of justices from two to one, but the issue was surrounded by controversy. Proponents for both seats said the town violated open meetings laws in making the decision.

Ellicott has since gone back to having two justices.