Local court watchers have been quietly commenting (and rumbling) on what can only be considered “the docket controversy” in which local court dockets seem to have either stalled or exploded (depending on your perspective) - to the extent that an outside judge has had to come in to help with the situation.

Those who are critics or supporters of any of the actors in this “controversy#8”have staked out their positions with little willingness to look at the whole picture.

There seems to be a perception by some that both Cayuga County Judge Thomas Leone and Surrogate Judge Mark Fandrich just aren't working fast enough and have let things back up. Their defenders say that the back log is the result of a very aggressive District Attorney, first termer Jon Budelmann, who looks at each case and wants to prosecute every one to the fullest extent possible. This results in a surge in cases that both judges can't keep up with, when combined with their other responsibilities, such as hearing civil cases, family court and surrogate's work.

While voters elect Supreme Court candidates each fall, rarely do they come from here or work full time in Cayuga County. This judicial district, based in Monroe County, sees most of those judges elected from that county. The last one elected from Cayuga County was Judge Robert White. More often those responsibilities fall to both judges Fandrich and Leone, who become acting Supreme Court judges - adding to their workload.

Couple that with a plethora of new courts, many created under the guidance of former Court of Appeals Chief Judge Judith Kaye, including domestic violence and drug courts and you have a system that hasn't changed logistically in decades, but is now bursting at the seams.

Part of the problem is with the new opportunities of addressing domestic violence and drug use specifically, there has not been a commensurate increase in logistical support. What Cayuga County needs is a third judge.

During the Pataki administration the process was moving forward when it, like other new judgeships, were frozen (the administration wanted a statewide review of what was needed) especially since some GOP rising stars were going to the bench rather than seeking Assembly seats, where the GOP needed them to bolster their minority status). The result is that the effort stalled.

The time has come for Cayuga County to get another countywide judge and local leaders should be lobbying the county's state delegation for one to be approved during the next legislative session in Albany.

Cosentino is a former mayor of Auburn and can be contacted at cozguytho@aol.com