GUILDERLAND — Long-time Republican Judge Steven J. Simon is being challenged by Democrat Denise Randall, an assistant town attorney.

Simon says his experience is why he should be re-elected, while Randall says that, as the court’s prosecutor, becoming judge would be a natural progression for her.

Randall is also running on the Independence and Conservative lines. While Simon was backed by the Conservative party in last month’s primary, Randall won the line, 68 to 63, according to official results posted this week by the Albany County Board of Elections.

Guilderland has two town judges who each serve four-year terms. In 2003, John Bailey was the first Democrat ever to be elected judge in Guilderland. He replaced long-time Republican Judge Kenneth Riddett, who retired.

While Guilderland politics were dominated by Republicans for two centuries, all elected, save Simon and long-time highway superintendent Todd Gifford, are now Democrats.

In the proposed budget for 2006, Guilderland’s two town judges will earn $36,822 each for their part-time posts.

Steven J. Simon
Republican Steven J. Simon has been Guilderland’s town justice for 25 years. In that time, he said, "I’ve managed to have a court that’s fair to everybody concerned. We’ve done a good job."

Simon treats each case individually and with objectivity, he said.

A good judge keeps himself from getting emotionally involved in cases, Simon said. This way, he said, a judge can carry out the law as it is written.
"It’s difficult if you don’t have that kind of temperament," Simon said. "But, my experience and record indicates that I have those qualities."
He went on of the qualities a good judge possesses, "You have to be decisive and have the ability to listen to both sides. You deal with people from all walks of life."

Town court is more personal than higher courts, Simon said, because many defendants are not represented by attorneys.
"You have to look at each case and decide what the best deposition might be, whether it’s jail, a fine, community service, or rehab," he said.

The cases that come before him are more serious than they were 25 years ago, Simon said. When he first became a Guilderland Town Court judge, he said, he mostly saw minor misdemeanor charges or traffic violations.

Also, he said, with Crossgates Mall, the volume of cases has greatly increased. Dozens are arrested each week for shoplifting and other offenses.
"We handle it the best we can," Simon said. "Any local court would like to have more personnel, more judges and DA’s," he said of assistant district attorneys, "but it’s a money problem....With our resources, we do an effective job."
Asked about his goals for the next four years, Simon said, "Keeping the court as effective and open as possible. To have a court the people of Guilderland can be proud of and can feel comfortable with."

Simon, 63, has had a private law practice in Albany for 33 years. He graduated from Union College and Albany Law School. He also served as an officer in the United States Navy for three-and-a-half years.

He and his wife, Judy, a fifth-grade teacher at Westmere Elementary School, have lived in Guilderland since 1967.

Simon concluded that his experience is why voters should elect him.
"Not many judges have been here as long as I have," he said. "Everyone who comes to court has some sort of problem. I know the history."

Denise Randall
Democrat Denise Randall has been the prosecutor in Guilderland Town Court for almost six years. Running for judge, she said, "is a natural progression from what I’m doing now. It’s the next obvious step."

As the prosecutor in town court, Randall has always advocated alternative sentencing to first-time, non-violent offenders who are in their teens or early 20’s, she said.

Community service and related sentencing has proven to be a more effective deterrent than fines, she said. In six years, she said, only one person who was sentenced to community service has repeated his offense.
"I can’t tell you the number of them that sat there and said to me, ‘How about I pay double the fine and not have community service"’" Randall said. "I get the signal that this young person thinks he can buy his way out of trouble, that he can throw money at the situation.
"He has got to realize that, if he commits a crime, even a violation, it’s still an offense against the community," she said.

Young adults can be changed to move their lives in the right direction, Randall said.
"You treat them the way you’d treat your own children," she said. "You should teach them that there are consequences, but you don’t want to ruin the rest of their lives."

A judge should focus on each case individually, she said, giving it his or her unbiased attention.
"Everyone should be presumed innocent, every single time," she said.

Asked if it will be difficult to decide how to sentence people, Randall said it wouldn’t. A judge tries to find the truth, she said. When the truth is a person committed a certain crime, she said, the law is clear about what sentences should apply.

Town court could be more efficient, Randall went on.
"We have to be open to new technology," she said.

Also, she said, court often runs until after 10 p.m., she said. She suggested Guilderland consider starting court earlier than 7 p.m. or holding another session early in the morning, for those who work at night.

Currently, town court is held two nights a week.
"We have to create efficiencies and not compromise justice," Randall said.

Randall has been practicing law for 28 years. She graduated from Mount Holyoke College and Albany Law School. She has worked for the city of Albany and for State Attorney General’s Office.

She currently has a private practice on Western Avenue with her husband, Robert, and is an adjunct professor of business law at The College of Saint Rose.

Randall and her husband have a daughter, Griffan, 19, and a son, Jordan, 15.
"It’s important for people to know that I do live here and I work here; I do volunteer work here....I’m very much a part of Guilderland," she concluded. "I know the pressures of raising children in Guilderland...I know about the rising gang influence in the schools and I know what Crossgates looks like from a parent’s perspective."