Early Voting is June 13 – June 20
Respectfully presented Clayton “Tiger” Hulin
*Editors note: Three candidates are on the ballot in the upcoming Republican primary election for County Judge. Allegany County has two elected judges who oversee the most urgent matters in our county legal system. All three candidates, Allison Carrow, Dawn Wildrick Cole, and Gerald Driscoll responded to our questions below and will be presented in the order they were received.
What motivated you to seek this judicial position at this time?
First, the encouragement that I received from my family, friends, colleagues, and others made the difference for me to run for judge at this time. I am truly grateful for their strong support and help during this campaign.
Also, I wanted to offer the residents of Allegany County my 31 years legal experience as an attorney, gained from both private practice and a law clerk for two judges, and to give the residents a choice as to their next judge.
Finally, since county court judges serve a ten-year term, the opportunity to become judge does not come up as often as other elected offices. So, this is perhaps the only chance that I will have to run for judge, and to serve the residents of Allegany County in this capacity.
What aspects of your legal experience do you believe best prepare you to serve as a judge?
I consider my 21 years in private practice the most important experience that I can bring as a judge. Because, as a private practice attorney, I had to know many different areas of law, such as family law, matrimonial, wills and estates, litigation, and criminal law for clients.
As a practicing attorney, I have handled practically every type of matter that is regularly before
a judge in County Court. Just to name a few, I have handled custody cases, adoptions, foster care placement and termination of parental rights, divorces, personal injury and criminal defense. I also represented children in Family Court proceedings for 19 years while being on the law guardian panel.
I believe it is essential that a County Court Judge has a broad and diverse background in practicing law before taking the bench, as a judge who has practiced as an attorney first could use his or her own experience to offer possible suggestions or solutions to a case.
Also, having been a law clerk for two different County Court judges for the past ten years, has provided me with the experience of the actual day-to-day work of a County Court Judge.
Within the ethical limits governing judicial campaigns, how would you describe your approach to interpreting and applying the law?
As for interpreting and apply the law, a judicial candidate must be careful about taking a position on that issue. Attorneys, as well as judges, take an oath to uphold the Constitution and the laws of the State of New York. The best judges, in my experience, are those who listen to the litigants, allow them the opportunity to express their views, and to encourage settlements whenever possible. As a practicing attorney, I would first always explore possible solutions when representing clients. I take this same approach currently as a Law Clerk when working with attorneys on cases. The vast majority of cases resolve by this method, either with a settlement in a civil matter, or a plea in a criminal case. And, in certain cases where there are no solutions or proposals, then it will be up to the judge to apply the applicable law to the facts after a hearing or trial.
What principles would guide the way you intend to treat litigants, attorneys, court staff, and members of the public who appear in your courtroom?
I think perhaps the most important principle that would guide the way I would treat litigants, attorneys, court staff and members of the public is to “treat them in the same manner that I would want to be treated.” When you represent clients in legal matters, you have to be patient, you have to listen and ask questions to clearly understand your clients’ situation in order to help them. Having represented clients for 21 years in private practice, I know that clients appreciated this from me.
I feel that this is the biggest strength and qualification for becoming a judge. A judge that comes from being an attorney first. A judge that listens to the arguments, is patient and respectful towards the litigants and attorneys. A judge that is appreciative of the hard work of the court staff and helpful to them to make their jobs less stressful and less difficult. I understand that going to a court matter may be intimidating to many people, and as a judge, I would strive to make all those who appear before me feel comfortable as possible. I know from personal experience that the judges that I appeared before as a practicing attorney were friendly, respectful and never demeaning towards me. This is what a judge should be, and one in which I can fulfill.
Public trust in the judiciary is essential. What steps do you believe judges can take to maintain confidence in the fairness, integrity, and independence of the courts?
This is a great question.
To maintain fairness and public confidence, A judge must make decisions based upon the facts as presented, precedent if any, and the law, even if the decisions are perceived as unfair or unjust by some. All to often lately, judges get blamed for decisions that are a result of the judge simply following the law. In order to maintain the independence of the court, a judge must not be pressured by outside influences or politics in making decisions.
As your judge, I would treat everyone the same without showing any “favoritism” to any one side. I would follow the law no matter how difficult or unpopular the result would be from my decisions, as that is the oath one takes when becoming judge. I think it is also important to let the people who appear in court to be heard….as the saying goes, “to have your day in court.” These are important principles to maintain fairness, integrity and independence of the courts, and ones that I will adhere to.
Read Mr. Driscoll’s campaign announcement below:
