Carl Falotico’s very awkward, really strange, pretty good year

One of the more interesting campaigns to watch in the 2019 cycle has been that of a candidate with no opponent: Schenectady Corporation Counsel and Democratic City Court nominee Carl Falotico.

The lawyer’s campaign for the city’s fourth judgeship was unofficially launched in early March with the City Democratic Committee’s endorsement. Unfortunately for Falotico, this normally celebratory occasion was overshadowed by a bizarre fight between the City Council and Mayor over whether a fourth judge was necessary. Especially complicating matters was the fact that as Corporation Counsel, Falotico was both the Mayor and the Council’s lawyer.

Falotico recused himself from the Council-Mayor fight over the judgeship, which was more a matter for the state legislature anyways, and the minor controversy fizzled out when the Council overrode the Mayor’s veto of a resolution recommending there be four judges.

The lack of a Republican candidate - none has won a city judgeship since Karen Drago - makes Falotico a certain victor in November, but he remains the city’s chief attorney until December 31, and complicated issues, often placing him in awkward situations, have continued to cross his desk.Settlement negotiations stemming from the in-custody death of Andrew Kearse were delegated to Falotico by the City Council. The judge-in-waiting eventually reached a seven figure agreement with Kearse’s widow on the city’s behalf, but the dark irony of a wrongful death at the hands of the city’s police department being settled by a soon-to-be member of the city’s criminal bench hung over the situation.

Much less dark, but no doubt still contentious is the ongoing dispute over a sick-time payout to Police Chief Eric Clifford. Council members opposing the $8,000 payment have often cited an advisory opinion by Falotico, which states that Clifford did not meet the requisite 120 days accrued during his 14-years on the force before becoming Chief. While there is no doubt that Falotico’s reading of the law is correct, being caught between the police chief and City Council is certainly an uncomfortable position for the incoming judge.

But no matter what, Falotico will get the last laugh when he starts his 10-year term on the bench in January...