Wukitsch says he’s learned on the bench



NEW SCOTLAND – David Wukitsch, who is enrolled in the Independence Party is running for town justice as a Democrat, and hoping to continue to provide a public service to the community. He is running in a four-way race for election to one of two town justice positions.

Wukitsch was appointed in May to serve as a town judge until the Nov. 6 election, after the late-March resignation of Thomas Dolin, who left to run for supervisor.
The town-justice position "is not an easy job, but it is challenging and interesting," said Wukitsch. He has the "legal experience, knowledge, and temperament" for the job, he said.

Wukitsch, 52, has lived in New Scotland for seven years with his wife, Patricia, and their four sons.

He is lawyer with one of Albany’s oldest law firms — McNamee, Lochner, Titus, & Williams, he said. He does civil litigation and appellate work, he said.

Since his May appointment, Wukitsch has become familiar with the operations of the town court, he said.

The court is a criminal court, in that crime cases can originate in town court through the arraignment process, said Wukitsch.
The judge has a "significant authority or power," he said. For example, he said, the judge may issue a temporary order of protection in a case involving a domestic dispute.
"Primarily, I’ve learned the town court is a traffic court," he said. Numerous traffic violators pass through his courtroom.
"I’ve done a good job in deciding legal cases that have come before me to date," Wukitsch said of his five months on the bench.
"The town justice really handles many of the same issues as any other judge," he said, adding that many rules must be applied "in a common-sense approach."
As a judge, he said, "It is important to be fair and even-handed toward everyone who appears in court."
His judicial philosophy is "to apply applicable legal principle to the facts of each case and attempt to reach the correct and just result," he said.
Wukitsch said that he believes the election system is a fair way to select town judges. "That is the court closest to the people," he said. "The electorate should have a say on who sits on the town court."
The drawback to an appointment system, he said, is that "people at the grassroots level don’t have a say, and I believe they should.
"I trust that voters will base their support on the candidate’s qualifications and not base it on other factors," said Wukitsch.

Qualifications should be the most important part of the voter’s decision, said Wukitsch.

Wukitsch was an honors law graduate, he said. He then clerked for a judge on the state’s highest court, he said.

He also worked as a trial attorney and tried cases to verdict, said Wukitsch.
"I’m well respected in the legal community," he said. "I have a reputation for being an excellent attorney as well as fair and reasonable," he said.

Wukitsch is active in the community and has given his time to various organizations, he said.
Seventy percent of town justices statewide, said Wukitsch, are not lawyers. "Many of them are very committed and hard working," he said.
But, he went on to say that many issues presented in town court "require careful analysis of statutes and state law" It is difficult for a non-attorney to handle, not to say it can’t be done, but it’s a lot more difficult," said Wukitsch of why he feels it is beneficial for lawyers to serve as town justices. (All four New Scotland candidates are lawyers.)
"I feel my campaign is going very well," Wukitsch said. "I’ve been working hard to convey my qualifications to continue on in the job," he said, adding that he has gone campaigning door-to-door, and has "enjoyed that experience."
Wukitsch said that his parents were both "incredibly honest" and taught him the importance of hard work. His wife has been "incredibly supportive" throughout the campaign, he concluded.