By Patricia Breakey

Delhi News Bureau

DELHI — Delaware County's judge spends the majority of his time in family court, where 80 percent of the caseload is handled.

Republican Carl "Fritz" Becker is challenging Democratic incumbent Robert "Bob" Estes for the 10-year judge position that pays $119,800 annually. The county judge handles criminal, surrogate and family courts.

Both candidates have vast experience with family court but have viewed the proceedings from opposite sides of the bench.

Estes, 57, had a private law practice for 11 years and has been county judge for 20 years. He was first elected judge in November 1982, defeating Richard H. Farley of Delhi. In 1992, he was re-elected, fending off a challenge by former county District Attorney Malcolm Hughes of Roxbury.

Becker, 54, has been practicing law for 28 years and has served as counsel for the Delaware County Department of Social Services for 27. He resigned his county position when he declared his candidacy. He owns the Stamford law firm of Govern, McDowell & Becker.

Family court is the venue for cases involving custody and visitation; child support; foster care; juvenile delinquents; paternity proceedings; adoptions; family offenses, including assault; persons in need of supervision, including unruly or truant children; child protective cases; and other matters that involve families and children.

Becker said in the 20 years he has been appearing before Estes on behalf of the Department of Social Services, he has seen a change in society.

"This is a whole different world than it was 20 years ago," Becker said. "Delaware County now has gang activity, drugs and parents with very little idea of their responsibilities and obligations. Children are being raised in a me-focused society, and the old concept that being with the parent is always the right place for a child needs to be re-examined."

Estes disagreed, saying the only thing that has changed over the years is the number of cases that come before the court. In 1975, when research was being done to support the need for a second county judge, there were 980 filings in family court. Last year that number jumped to 2,188.

Estes said almost every case that comes into family court has two stages. Initial appearances take place in Delaware County on Wednesday. Normally there are 25 to 40 new cases each week. During the first appearance, the litigants are advised of their right to counsel and then the cases are scheduled for conferences to try to find a solution without going to trial.

"The court attorney helps the people explore avenues of settlement and mediation," Estes said. "It's really nice when people come in and work together to agree on a settlement, but sometimes it can get really nasty."

William Moon, Delaware County commissioner of Social Services, said in a prepared statement that the juvenile justice efforts in Delaware County are often frustrated by Estes' inconsistency in family court, his lack of creativity and the slow process of delivering juvenile case decisions.

"The juvenile justice system in Delaware County needs its family court to become part of the partnership of agencies that work jointly toward viable solutions," Moon said.

James Hartmann, a Delhi attorney who serves as a law guardian in family court, said the judge should not partner with any agency.

"The judge's job is to adjudicate disputes and to remain fair and impartial," Hartmann said. "Judge Estes is a top-notch judge. He does what he is supposed to do."

Becker said caseworkers, mental health workers and probation officers should be given more respect. He added that more attention should also be paid to the law guardians, dispute resolution center representatives and mediators.

"They are the people whose job is to repair discord before it gets to court," Becker said. "If those people weren't there, the court would grind to a halt."

Estes said every custody case that comes before the court is referred to the dispute resolution center.

"In custody cases there is often a written agreement after dispute resolution, which I approve, and then a custody order is issued," Estes said. "I applaud people who work things out before it gets to court, because when people sit down and invest the time and effort in opening communication, they are less likely to come back to court."

Nancy Deming, a Delhi lawyer who has specialized in family court cases in Delaware County since 1992, said Estes initiated a practice in the last few years that has kept the cases flowing smoothly.

"Judge Estes has the court attorney conduct conferences where both the parties and the attorneys can speak openly, knowing that the judge will have no knowledge of what is said," she said. "It has been a boon to settling cases and has resulted in the judge having a lot more time to spend on other cases."

Becker said family court is a fact intensive venue, and there is always a disagreement between the parties involved over what really happened.

"It's very important to let people know you are concerned and that you are listening to them and that you will then come up with the best solution and an explanation," he said. "If they don't agree, at least they will understand."

Estes said lawyers in family court are restricted by rules of evidence, so the judge doesn't always get to hear the whole story. In fact, some petitions are dismissed because there isn't enough evidence.

"(Estes) makes the department (of Social Services) prove their case in the same way each side has to prove the case," Deming said. "His decision is based on the facts."

Moon and Becker both criticized the rate at which cases move through the court.

"There are fiscal implications if family court doesn't work well," Becker said. "The federal government will take enormous amounts of aid in catastrophic ways that create fiscal problems that will rattle all over the county."

Estes said federal law sets time limits in foster cases.

"During the last year, we got up to speed with a computer in the courtroom and our scheduling has become top notch," Estes said. "The biggest drags on time are the lawyers that decide they can't make it to court when they are scheduled."

Becker countered that the court should do a better job of letting the lawyers know what is expected of them.

"Some courts use trial scheduling orders, which are a blank form with the title of the case and a series of boxes to be filled in with dates," Becker said. "That way you would have everybody on the same page, knowing what they have to do and when it has to be done."

Estes is a native of Walton. He lives in Delhi. His wife, Linda, is an elementary school teacher at Delaware Academy. They have two children.

Becker was born in Endwell and is a resident of Stamford. His wife, Christine, is a fourth-grade teacher at Stamford Central School. They have two children.

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Patricia Breakey can be reached at (607) 746-2894 or at stardelhi@stny.rr.com.