town justice

Tell us something about yourself (where you grew up, your current general residence, family, interests, work history):
A: My name is Tom Feeley and I was born and raised in Le Roy and I am married with two children.  I just retired with 25 years in law enforcement this past July. 

As a newcomer, how will you get up to speed on the duties of town justice?
A: As a Field Officer Director with DHS, our authorities are very similar to Judges under 8 USC.  I have signed Warrants of Arrest, examined evidence, set bond, made custody determinations, taken and heard sworn statements and testimony, and granted relief under the law. I have also testified in Federal Court as a Subject Matter Expert in different areas. New York State provides mandatory training, and I will have no issues transitioning over into this role.

What do you feel are the most important tenets of serving in this role?
A: Impartiality, compassion, and fairness. 

What makes you qualified to be a town justice?
A: As I said above, as a Field Officer Director with DHS, our authorities are very similar to Judges under 8 USC.  I have signed Warrants of Arrest, examined evidence, set bond, made custody determinations, taken and heard sworn statements and testimony, and granted relief under the law.  At ICE’s National Academy, I taught Immigration Law, Nationality Law, 4th Amendment, and Criminal Law. I was one of only three Instructors certified by DHS to teach law.

Do you consider yourself unbiased in all aspects of ruling on cases?
A: Yes.

Would there be any situation that you would recuse yourself due to a conflict of interest?
A: As a Judge, it is my duty to disclose any potential conflict of interest in a case. If this does occur, there is a process to handle these instances. 

What is your personal mantra for life?
A: No matter what you are doing, try to be the best at it.

Does your professional mantra differ, and if so, how?
A: Throughout my career, I have tried to do the best I can in every position I have held.

What does having ethics mean to you?
A: Believing in honesty, integrity, respect, loyalty, and responsibility. In its simplest form, knowing the difference between right and wrong.

How would you apply this as town justice?
A: A judge should not allow family, political, social, or other relationships to influence their decisions. I, as Judge, will not allow this to happen. 

What does the community need to know about you before casting a vote?
A: I’ve been in public service my entire adult life.  From the Marine Corps to volunteering in different areas of the communities I have lived in, to the highest levels of the Federal Government. This isn’t a decision I made on a whim or without serious consideration. 

Why do you want to serve as Le Roy town justice?
A: I wanted to move back to this area after living all over the country to apply all the experience gained in 30 years of service to the town I grew up in. I want to give something back. Allowing me the opportunity to serve in this capacity, as Town Justice, will be an honor and I look forward to continuing to serve.  

There are two candidates running for Le Roy town justice: the Democratic Committee endorsed Carol DiFrancisco, and Tom Feeley is contesting the race by running as a write-in candidate. The Batavian contacted both of them with questions.

Tell us something about yourself (where you grew up, your current general residence, family, interests, work history):
A: I am proud to say I am a lifelong LeRoyan.  I retired in July of 2020 after 35 years of teaching at Le Roy High School.  I always say that teaching there was not a job, it was a privilege.  I actually spent my first year of retirement right back in the classroom as a substitute teacher.  Many people thought I was crazy but I guess I was just not ready to walk away from the classroom yet. My son Alex and his wife Lisa reside in Clarence with my two grandsons, Gino and Sam, who are the greatest blessings in my life.  Alex and Lisa are both in the healthcare field so it has been a crazy time for them as you can imagine since the pandemic started.

As a newcomer, how will you get up to speed on the duties of town justice?
A: New York State does not require any kind of criminal justice, law enforcement, or law degree in order to be a Town Justice.  What they do require is that any newly elected judge be fully trained before taking the bench. There is an intensive seven-week training course (two weeks in Albany) provided by lawyers and judges through the Office of Justice Court Support. No one is allowed to take the bench without passing a comprehensive test at the end of this training. No one is allowed to take the bench unless fully competent and capable of doing so.

What do you feel are the most important tenets of serving in this role?
A: As Town Justice, you have to set aside your own personal views and follow the law to decide cases fairly, impartially, and free of political party or intimidation. No judicial candidate should make promises that they say they will keep if elected. No judicial candidate should announce their position on an issue during a campaign. The law has to be followed as it is written, not as you wish it was written. The law is the only opinion that matters.

 What makes you qualified to be a town justice?
A: I believe I have the skills needed to fill the role of Town Justice. I am an effective communicator with the passion, commitment, diligence, and professionalism needed. But most important of all, I am able to set aside my own personal views and follow the law to decide cases fairly, impartially, free of a political party, ideology, or intimidation.

Do you consider yourself unbiased in all aspects of ruling on cases?
A: Canon #2 of the Code of Conduct for US judges addresses that question of outside influence. “A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.” Never will I use this office to advance my own interests or allow others to give the impression that they are in any way in some kind of special relationship that allows them to influence me.  And anyone who says otherwise clearly knows nothing about me or what I stand for.

Would there be any situation that you would recuse yourself due to a conflict of interest?
A: Any judge in a small town is going to have times when recusal is necessary. A judge should disqualify himself in any proceeding in which his impartiality might reasonably be questioned. Since this is a basic tenet of being a judge then I would of course recuse myself should a conflict of interest arise.

What is your personal mantra for life?
A: Show some respect. The world needs more of that.

Does your professional mantra differ, and if so, how?
A: I taught my students that you learn your worth from the way you are treated. I treated them the way they deserved to be treated. I talked to them the way they deserved to be talked to. Too many adults demand respect from kids without showing any respect in return. Doesn’t work. My respect was earned, not given.

 What does having ethics mean to you?
A: Ethics to me has a very simple definition.  It is the difference between right and wrong and the standard by which people ought to choose how to act. It embodies all the ideals I believe in: concern for the well-being of others, respect for others, trustworthiness and honesty.

How would you apply this as town justice?
A: Ethics is the very foundation of the criminal justice system. They are what helped us as a society develop the moral reasoning we use to define criminal activity and what is an acceptable punishment for such activity.  Professional ethics for a judge are essential in order to maintain public confidence in his office.

What does the community need to know about you before casting a vote?
A: I am totally committed to this position, to this community, and to always doing what is right, not easy.

Why do you want to serve as Le Roy town justice?
A: I was honored when approached by the Democratic Committee to run for Town Justice. Like everyone else, I have always wanted to give back to my community in some way but, also like everyone else, family, work, and other commitments got in the way of being able to do so.  Now that I was retired I had the time but did I have a good reason to run?  I asked myself two simple questions. Am I passionate about it? Do I know I can do the job required? My answer to both questions was a resounding yes.

From Assemblyman Steve Hawley:

Republicans who reside in the Town of Batavia and are interested in receiving GOP endorsement for Town Justice are asked to send a letter of interest and resume to Steve Hawley. Current Town of Batavia Court Judge Michael Cleveland has tendered his resignation effective Nov. 27.

Those interested in the post should send their letter and resume to Hawley no later than Monday, Nov. 9.

The Town of Batavia GOP Committee will be meeting at 7 p.m. on Thursday, Nov. 12 at the Town of Batavia Hall to discuss the matter. It is located at 3833 W. Main Street Road.

All COVID-19 protocols will be followed including mandatory masks.

Republicans in the town of Batavia will head to the polls Tuesday to choose their pick for town justice, according to the Daily News. Roger Muehlig put together a solid, straight-to-the-facts piece on the contenders: Thomas Williams and Dennis Rider.

Williams, 48, is a Batavia native who has a bachelor's degree from Hamilton College and a law degree from Columbia Law School. He is married and works in a law practice with his father in the city.

Rider, 55, is a Genesee Community College graduate who worked in security at GCC, then spent 10 1/2 years as a Genesee County sheriff's deputy before becoming a city police officer in 1987.

Williams already occupies the justice position. He was appointed in March when Joseph Filio retired. Rider is still a police officer but plans to retire whether or not he wins the primary. Williams is also listed on the Conservative line, so he will be an option in the general election regardless of the outcome of the primary.

Genesee County's proposed 2009 budget "for the county's self-insured workers compensation program" could go up 8 percent to $1.8 million. That an increase would mean about $60,000 more coming from "participating governments and school districts." I would suggest checking out the article by Paul Mrozek for the details on this. It's a complex topic—for me, at least. That increase in contributed funds does not necessarily mean an increase from all contributing parties. Batavia City Schools, for example, will contribute $750 less, while Pembroke will contribute $13,000 more.

All of the school districts and municipalities in the county are members of the plan, with the exception of the city of Batavia. The city withdrew from the program several years ago.

Each government and school district is assigned an "assessment," which is the amount of money it contributes toward the compensation fund.

A local veterans group is looking for ways to better assist veterans returning from the war in Iraq who may "run afoul of the law." Hal Kreter, director of the Genesee County Veterans Service, wants to look at setting up a "veterans diversion initiative" that would work much the same way as a drug court. Mrozek writes:

The goal of drug court ... is to provide a criminal defendant the opportunity to resolve a case by getting treatment for substance abuse. If the defendant is successful in rehabilitation, the judge has the option of reducing the underlying criminal chrages.

Kreter said the veterans returning from active service "are overmedicating themselves with alcohol and drugs" and often end up doing "something stupid." Many of them may suffer from undiagnosed post traumatic stress disorder.

One of the key components of Kreter's proposal is to provide the defendants with a mentor who also has seen active duty. Most combat veterans will only trust other combat veterans.

Hopefully we will see more information about this in coming months and maybe even see if some progress is made.

Another neighborhood clean-up has been scheduled for Saturday, September 13, from 10:00am to 1:00pm at the property of an elderly woman at 14 Warren St. Volunteers from God's Helping Hands/Project Hope will be on hand to remove debris from the yard. Anyone can join. Pauly's Pizza will provide refreshments for all the workers.

As always, we encourage you to get out and pick up a copy of the Daily News wherever they are sold. Or, better yet, subscribe at BataviaNews.com.