‘RIGHT TEMPERAMENT’
Cohoes Judge Tom Marcelle announces candidacy for 3rd judicial district
COHOES, N.Y. » City Court Judge Tom Marcelle announced his candidacy for New York State Supreme Court. The 3rd judicial district includes the counties of Albany, Columbia, Ulster, Rensselaer, Sullivan, Greene, and Schoharie. Accompanied by supporters, Marcelle made the announcement Thursday morning in front of Cohoes City Hall.
Marcelle has been serving as a Cohoes City Court Judge since 2016, when he was nominated to the bench by then-Cohoes Mayor Shawn Morse. Prior to his current position, he served as Counsel to the Albany County Sheriff’s Office and was nominated by Albany County Executive Daniel McCoy and confirmed by the County Legislature in 2012 as Albany County Attorney.
He was also nominated twice for a United States District Judge position for the Northern District of New York by President George W. Bush and President Donald J. Trump.
Marcelle cited those examples as someone who can be fair and above politics.
The judge is running on the Conservative/ Republican lines.
“Throughout my career, I’ve had the great opportunity to be appointed by Republicans and Democrats. In particular, in this city, our great mayor, Mayor Keeler has saw fit to reappoint me. It’s a wonderful tribute to his trust in the people and in the city,” Marcelle remarked.
Marcelle spoke about the importance of being an impartial arbiter on the bench.
“As a judge, I really try to dedicate myself to the proposition that all people are clothed in dignity and are equal in my courtroom. Many times I’ve made decisions that have surprised people. In fact, I remember one of the early decisions I made, there was a very liberal Assemblyman who called me up and said I can’t believe you found a tenant in this landlord-tenant case and it was because that’s what the law and the facts dictated. That’s the type of fairness, not where you are on the political spectrum, of how I decide cases,”
Marcelle noted on some of the cases he’s been involved with.
Marcelle also cited the importance of having a judge who knows the law.
“I’m a magnum cum laude graduate of Cornell Law School. I was the editor of the law review there. I’ve argued hundreds of cases, including many a case before the United States Supreme Court. In my last seven years on the bench here in Cohoes I’ve issued 34 opinions,” Marcelle said.
Additionally, Marcelle explained the importance of having a judge who can be trusted to do the right thing with courage.
“Before me, I had a case right after bail reform and I knew that the law was probably unconstitutional, I took argument on it. I knew as soon as no matter if I decided it was consitiutional or unconstitutional, there’d be a firestorm. I gotta tell you
Marcelle has been serving as a Cohoes City Court Judge since 2016, when he was nominated to the bench by thenCohoes Mayor Shawn Morse.
there were many friends who told me not to reach a decision, to stay away from it because it was political fire. Nevertheless, upon review I decided I had to do the correct thing and found that the legislature overstepped its bounds and it’s never an easy things to do but it’s all part of being a judge,” Marcelle said.
“I think it’s very important that they have a judge, like I said, who’s impartial, who knows the law and who’s not afraid to do the right thing. If you look at my record, they’ll understand that I’m not afraid to do the right thing,” Marcelle added.
As mentioned, Keeler, who reappointed Marcelle to the bench in Cohoes, spoke highly of his candidacy.
“Judge Marcelle has the right judicial temperament to do the job. He’s firm but fair, he’s courteous, he’s humble,” Keeler remarked.
“In terms of intelligence, he’s one of the best legal minds that I’ve had the pleasure of dealing with. In terms of ethics and integrity and character, he’s got all of that,” Keeler continued.
“It should be a big loss for Cohoes if he gets this position but our loss is the Supreme Court’s gain,” Keeler added.