Rose running for state Supreme Court with hope to bring seat back to Herkimer County

Oct. 25—WATERTOWN — Judge Mark R. Rose wants to bring the state Supreme Court back to Herkimer County full time, so he's running for a seat on the bench in the Fifth Judicial District hoping to do just that.

Mr. Rose, who is now Little Falls City Court justice, said Herkimer County has gone without a full-time justice assigned to the bench locally for about 11 years, according to an interview at the Watertown Daily Times offices on Thursday.

"Herkimer is the only county that does not have a sitting justice in the district," he said. "The court is a branch of government, and we have no representation in that branch of government. It's very disheartening."

The Fifth Judicial District covers Jefferson, Lewis, Herkimer, Oswego, Oneida and Onondaga counties, with courts in each one of those counties. Every county except Herkimer has at least one justice assigned to their court, while Oneida County has three justices and Onondaga County has 10.

During the Supreme Court elections in 2012, when the seat that would have likely gone to a Herkimer County justice had one been elected, Judge Patrick F. MacRae won against the Herkimer County candidate, and sat in the Oneida County Court rather than Herkimer. Since then, the Herkimer County Supreme Court has had only visiting justices, other Supreme Court judges from across the Fifth Judicial District who are assigned to the Herkimer County court on a rotating basis.

Mr. Rose said that has had a huge impact on cases that go before the court there, making things more difficult for litigants and their attorneys. As an attorney who works largely with municipalities like towns and villages, Mr. Rose has had to go before the court in Herkimer County, and said he has firsthand experience with the difficulties of having only visiting justices.

"I have had cases where I worked with two acting justices and one visiting justice," he said. "Three judges, all on one case. It isn't fair to the litigants, it isn't fair to the court workers, and I don't think it's fair to the judges either."

If elected, Mr. Rose said he would bring the court back home full time to Herkimer County, serving the roughly 60,000 people who live there more fairly.

He said he believes he has the experience needed to effectively serve as a Supreme Court justice, making $210,900 per year.

He was born in Syracuse but grew up in Herkimer County, and went on to become a finance major at LeMoyne College in Syracuse. He met his wife, a Watertown native, during his last semester there.

Mr. Rose's father was also the Little Falls City Court justice, and he said he was inspired by his father to pursue law.

"When I went to the University of Illinois Law School, I was in the MBA and law program, and I actually wanted to use the law degree to get a business job, but I never finished the MBA."

After he left law school, he worked in the business world for a year before he was told he was "overqualified" for the position and was not rehired for another year. He returned to Little Falls and worked with his father.

"When I was in law school, I worked with the public defender's office," he said. "I tried a few cases, and found I liked it. When I came back, I wasn't sure what I was going to do, but the district attorney asked me to take on a few assigned counsel cases."

In Herkimer County, there is no public defender's office. Cases are referred to private attorneys who are willing to take them on for a flat rate paid by the county.

"I do that, worked for my father, and as I grew to like the work, my practice grew," he said.

He ran for election to the Little Falls City Court, to replace his father who retired in 2007. He kept his private practice, serving as an attorney to the nearby towns and villages who hired him, as well as other governmental agencies.

"I represent three villages, three towns, a school district and two housing authorities," he said.

Mr. Rose said all that experience has given him a firm look into much of the kind of cases a Supreme Court justice in New York presides over — proceedings against municipalities, contract negotiations, monetary claims and some aspects of family law.

He likened it to coaching a sports team.

"It's a lot easier to coach if you've played the sport," he said. "And I have played this sport."

Mr. Rose said he hopes voters in the Fifth Judicial District will see his experience and see the need for a hometown justice in Herkimer County again, and vote for him in this year's election. He is running on the Republican and Conservative lines, alongside three other Republican candidates, against a slate of four Democrats.

There are four seats open in the Fifth Judicial District this year, and candidates do not run for specific seats. The top four vote getters out of the eight candidates will take the seats, and will be assigned to wherever they are needed. Typically, justices will serve in the county they reside in when elected, but assignments are made by the district's administrative judge in January, after the candidates are sworn in. State Supreme Court terms are 14 years.

Early voting begins on Oct. 29 this year, with limited polling sites open until all poll sites open for Election Day, Nov. 8.