Political elections for town justice shouldn’t be political
To the editor,
There is no denying that we live in a politicized world. From the daily news cycle to the constant rhetoric spread through social media, it’s hard to avoid the judgmental back and forth that is today a reality. It is a shame to say that this same politicized energy has reached the current election for Pelham’s town justice.
If any position in our government should remain impartial, it is that of town justice. As anyone who has taken high school civics will know, our Founding Fathers designed the court system specifically to stay away from the divisive manner of political parties. Decisions made in a courtroom should be based solely on the rule of law. Years of history have proven that existing biases in a judge can destroy our system of checks and balances and disrupt the equity that is embedded in America’s foundation.
While the federal court system and the Supreme Court capture headlines, it is our local court that has the greatest impact on the day-to-day lives of Pelhamites. One does not go to Washington to fight a parking ticket. It would be strange to appeal to Chief Justice John Roberts when one is found in violation of zoning laws. It is in the Pelham Courthouse that our most important decisions are adjudicated.
For this reason, it is imperative that our town justices stay impartial. In the current election, it is clear that Adam Kagan and his running mates are pushing a political agenda. The ad released in the most recent issue of the Pelham Post unabashedly advertises the challenger of Town Justice John DeChiaro as a Democrat. Kagan doesn’t seem to recognize the problem with politicizing his platform; the campaign ad, published in the Pelham Post on Oct. 18, was titled “Vote Democrats Tuesday, November 5th.” This should disturb the voters of Pelham. Those seeking to serve on our court should not associate themselves with a political party and should certainly avoid posting ads branding themselves as Democrats in bold-type.
Even if one was to disregard Kagan’s ad, the recent endorsement posted in the Pelham Examiner by Pelham Mayor Chance Mullen on Oct. 24 precisely describes Kagan’s political sway: “It may be surprising to hear, but Pelham has never had a Democrat serve as town justice. Ever. I appreciate that Kagan’s opponent intends to operate in a nonpartisan way, but, respectfully, it’s a difficult argument to make while occupying a seat that has only ever been held by one party.” The flaws in this argument are abundant. Mullen belittles the importance of a non-biased judge. He implies that voters should choose Kagan, in part, because he is a Democrat. This argument tears at the very fabric of America.
Our courts were designed to be safeguards of equity, and in many cases, have been the final blockade against racism, discrimination and prejudice. It is critical that our court remains impartial in order to preserve the values our nation fights so passionately for every day. To allow overt and unabashed political bias to infiltrate our court would be an affront to the principles of the American legal system.
This is not an attack or an endorsement, but rather an observation. As proud students of Pelham Memorial High School who are currently being educated on the foundations of the United States and the basis of our justice system, it is difficult to see such a politicized campaign face the people of Pelham. We are too young to vote ourselves, and as such, are imploring the honorable citizens of our home to vote with this in mind. A biased court has no place in Pelham.
Daniel and Stephen Tahbaz
414 Monterey Ave.
Bob Parisi • Oct 26, 2019 at 4:45 pm
A thoughtful well written article. DeChiaro has a long and proven record on the bench. Precisely what issues do you have with him beyond his party affiliation. Convince me that he has not been doing a good job and your opposition to him is for reasons beyond partisan politics.
Tara Weishaupl • Oct 26, 2019 at 12:40 pm
This is a straw man argument. It’s not a choice between a Democrat and an nonpartisan independent. Justice DeChiaro is running as a Republican and as a Conservative having accepted nominations from both of those political parties. He has embraced this affiliation by appearing at Republican Party campaign events with the Republican Town Council and Town Supervisor candidates and has allowed his name to be used on the Republican‘s campaign materials. By taking these actions, the Justice is also making a choice to showcase his political party affiliation.
While I support the idea that politics should not be a factor in court elections, it’s the structure of court elections is New York State to list candidates by political party affiliation. In our upcoming Pelham Town Council elections both candidates have made a political affiliation choice because they must to be listed on the ballots.
I also believe citizens should have a direct voice in selecting a judiciary that reflects their values. Like it or not, judicial candidates do communicate their values and ideologies to voters by their political party affiliations.