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Candidates to meet again on the ballot in November

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

Their first race is in the books, but the more important one is yet to come.

Family Court Judge Theresa Whelan defeated attorney Tara Scully in the Democratic primary Sept. 13 to secure a spot on the November ballot in the race to preside over Suffolk County’s Surrogate’s Court. Whelan received nearly 65 percent of the vote, besting Scully 38,674 to 21,040 votes.

“Last night was a great victory for Democrats,” Whelan said in a statement Sept. 14. “I want to thank the voters of Suffolk County and Democratic Chairman Rich Schaffer for having confidence in me and my credentials. I’m looking forward to presenting my 10 years of judicial experience and 30 years of courtroom experience to the voters in November.”

“Last night was a great victory for Democrats.”

— Theresa Whelan

A spokesperson for Scully’s campaign characterized the primary result as a win for the candidate.

“Tara scored her first victory in July, when her entrance into the race forced party leaders to scrap their plan to make a Conservative the candidate of the Democratic Party and scurry to find a Plan B,” campaign spokesman James Walsh said in a statement. “Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals. Tara is still the only candidate for Surrogate nominated by the people. No other candidate gathered a single signature to get into the race. We are confident that she will have broad support across party lines in the General Election.”

The nearly 60,000 voters in the closed primary represented a significant turnout jump from the last time Democrats went to the polls. On June 26, a little more than 32,000 Suffolk County residents registered as Democrats voted in Congressional primaries for the 1st and 2nd districts combined, though the Sept. 13 primary also featured New York gubernatorial, lieutenant governor and attorney general candidates.

“Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals.”

— James Walsh

The Surrogate’s Court race came under scrutiny after Newsday ran an editorial publicizing the political patronage and cross-endorsement agreements that highlighted the race. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Suffolk’s Conservative Party Chairman Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Committee Chairman Rich Schaffer.
As a result, Scully said she gathered enough petitions to run on both Democratic and Republican lines in July to offer voters an alternative. When presented with Scully as a primary challenger, Tinari dropped out. The Democratic Party then nominated Whelan, who calls herself a life-long Democrat.

Despite Thursday’s primary defeat, Scully has secured the Republican Party line in the race for Surrogate’s court and will face off Whelan again at the polls in less than two months.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy Scully and Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70.

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each.

This post was updated Sept. 18.

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When voters head to booths Thursday to participate in several statewide primaries, it is unlikely that the race for a judicial seat presiding over Suffolk County’s Surrogate’s Court will be at the top of their minds. We understand. The governor, lieutenant governor and attorney general races are likely what will drive primary voters to the polls, and deservedly so, as those are high-profile positions with juicy political implications for those who track things like the shifting nuclei of both parties.

So for those who haven’t paid close attention to what’s going on in a judicial race for a court most people probably never heard of, there’s a few things we think voters should know.

Tara Scully and Theresa Whelan are set to square off in the Democratic primary Sept. 13. Scully, a registered Republican, has already gotten the nod to secure that party line in the general election, meaning if she wins the Democratic primary, her name will appear next to both major political parties come November. Whelan, on the other hand, is an actual Democrat, though Newsday has reported that based on a deal cut by party bosses, if she wins the primary she’ll also be granted the Conservative Party line in the general election. Have we lost you yet? To summarize, on November’s general election ballot either a Republican will have both major lines or a Democrat will be listed as both a Democrat and a Conservative.

To try to get to the bottom of this mess, we invited the candidates in for a discussion with the TBR News Media editorial staff Sept. 6. While we are not endorsing a candidate, we have some thoughts we’d like to share anyway.

We admire what Scully did — stepping up and answering a call for a candidate unshackled by predetermined deals. She was able to earn enough petition signatures in a short window of time to run on both major party lines. However, if the result is she is representing both Democrats and Republicans on the ballot in November, it’s difficult to argue that voters still have a fair choice.

And while Whelan is a Democrat seeking a nod from her own party, rewarding backroom dealing designed to circumvent the will of voters is not a practice that should be encouraged either.

Having said all of that, after being in a room with the candidates for an hour, a few things became very clear. Both candidates are running with their hearts in the right place. They each expressed a desire to preside over a court that requires a touch of empathy and compassion, with fairness being of the utmost importance and politics divorced from the job. We also love to see political races featuring two accomplished and qualified women. Each has served as president of the Women’s Bar Association in addition to a litany of other impressive resume lines. Both seem to realize as well that they are essentially — no pun intended — surrogates having the political baggage marring this race imposed upon them. The discussion was respectful, truthful and honest, and each expressed that she had nothing bad to say about the other personally.

Regardless of the outcome of this race, we hope what voters glean from it is yet another reminder that citizen vigilance is not just important for a healthy democracy, but in reality, it’s the only thing keeping it alive. Research candidates. Figure out what these people stand for before you enter a voting booth or be prepared to live with the consequences.