This is not a local election year, except in the office of a Riverhead Town Justice. And the “off-year” timing of the election is not the only unusual aspect about the race.
Incumbent Town Justice Sean Walter, a registered Conservative, is seeking the Democratic nomination for the post. If he succeeds, Walter will have no opposition on the November ballot, because he has already received the Republican and Conservative Party nominations without opposition.
Walter is challenging the Riverhead Town Democratic Committee’s designated candidate for town justice, William Condon, who is also a registered Conservative.
The unusual face-off between the two Conservative Party members for the Democratic Party nomination in a local election will be decided in the party primary election coming up on June 25.
Walter, 57, of Wading River, was elected town justice in 2020 to fill a vacancy created by the death of longtime Justice Allen Smith in July of that year. Prior to his election to the town court, Walter served as town supervisor from 2010 to 2017 and before that, was a deputy town attorney. He has a private law practice in Wading River.
Condon, 65, of Aquebogue, served on the State Supreme Court, Suffolk County for 14 years until his retirement in 2022. Prior to his election to the bench in 2008, he was in private practice and served for eight years as an assistant district attorney in Suffolk County. He currently has a private practice specializing in arbitration and mediation.
As a State Supreme Court Justice, Condon said he presided over countless civil and criminal cases, among them numerous homicide trials. His final homicide trial was the trial of ex-NYPD Officer Michael Valva, who was convicted by a jury of second-degree murder and other charges in the death of his 8-year-old son in 2022. Condon sentenced Valva to the maximum of 25 years to life in prison.
Condon is not seeking the Conservative Party nomination for town justice. He said he was asked to run on the Democratic line by Riverhead Democratic Committee Chairperson Laura Jens-Smith and 2023 Democratic supervisor candidate Angela DeVito.
“I think I could be of service to the Riverhead Town Justice Court,” said Condon, who has lived in Riverhead for eight years. “I think it would be a significant upgrade, quite frankly,” he said.
“I’ve known Sean a long time. He’s a good guy. He’s not qualified for the spot. He has no trial experience. I think the Riverhead Justice Court is deserving of a significant upgrade. So that’s why I ran,” Condon said.
Walter said he decided to seek the Democratic nomination because the party committee decided to run a Conservative.
“I figured the folks in Riverhead, if their choice was a Conservative, they should have a choice between two Conservatives,” Walter said.
“Since I’ve spent the past 25 years serving the Town of Riverhead, have lived here for 34 years, own a business here, raised my family here, I hope that as between two Conservatives, I’m hoping the residents choose me,” Walter said.
“It’s really unfortunate because as a sitting judge, I’m not allowed to say anything about Mr. Condon, or I could get in trouble with the judicial conduct committee,” Walter said in response to Condon’s comments. “But what he said about trial experience is not true. I’ve had jury trials every year. I have two scheduled right now, one in May and one in the beginning of June. Anyone who wants to see me preside over a jury trial, can come and watch, because they are open to the public,” Walter said.
“I’ve never seen him in justice court in the four years since I’ve been on the bench. My record speaks for itself,” he said.
The election of one of the two Riverhead Town justices takes place in this even-numbered year because the late Justice Allen Smith was elected to a four-year term as justice in a special election in 2000, to fill a vacancy created by the death of Justice Henry Saxtein.
The position of town justice is a part-time job that currently pays $88,800 per year, plus benefits. Typically the two justices alternate weeks on the town bench, presiding over all matters before the court for a seven-day period. The town justice court handles the initial arraignments of all defendants in traffic and criminal cases where the alleged acts took place within the boundaries of the town. It also handles misdemeanor criminal cases, functions as the small claims court where civil matters are tried or otherwise disposed, and handles all landlord-tenant matters.
Correction: In a previously published version of this article, the length of time William Condon has lived in the Town of Riverhead was misstated. He has lived in Aquebogue for eight years, not four years, as was originally published.
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