The town of Ellicott is apparently ready to walk back a decision to eliminate one of its two justice positions.

Town Supervisor Janet Bowman indicated that she is planning to make a motion at Monday’s town board meeting to rescind a previously adopted resolution that cut the justice post at the end of the year. She made the announcement during a work session meeting Tuesday.

In March, town council members passed a resolution to abolish the justice seat currently occupied by Marilyn Gerace. Her latest term is set to expire Dec. 31, though she is seeking reelection.

Gerace and the town’s other justice, Sally Jaroszynski, said they were caught off-guard by the vote. Neither was made aware the town was looking to eliminate one of the two elected positions.

Dozens attended the Ellicott Town Board meeting in April to protest the resolution and called for the town to reconsider. Jason Schmidt, Chautauqua County district attorney, said Ellicott Town Court is among the busiest in the county.

“The elimination of one of two justice positions in such a high-volume court could jeopardize the integrity of our criminal prosecutions by leading to longer delays in the adjudication of individual cases, increasing wait times for all involved, including not just criminal defendants but witnesses and counsel as well, and increasing the court’s backlog which we have all worked so hard to reduce following the reopening,” Schmidt said in a statement that was read aloud during April’s meeting.

Bowman, in a lengthy statement issued on behalf of the Ellicott Town Board last month, said the decision to eliminate a justice post came after a review of all town operations. In that statement, the board also indicated that another meeting was necessary “so that more town residents and voters can have the opportunity to comment on the issue of the elimination of a town justice position.”

The town did send a one-sentence notice of Tuesday’s work session meeting to The Post-Journal on Friday afternoon. The notice did not mention that the board would be discussing the justices, and the town did not post the meeting notice on its website as the statement noted.

A legal notice on the town’s website regarding the elimination of the justice also appears to have been taken down.

Bowman confirmed in an email that she planned to offer a motion Monday to rescind the resolution.

If the town were to move forward with its original plan, Gerace has already announced plans to challenge it by way of a permissive referendum. A petition with 325 signatures has been filed with the town clerk opposing the resolution.

As allowed by town law in New York, the resolution is subject to a permissive referendum, which allows a resolution to be put on a ballot for a vote.

Gerace has been a judge in Ellicott for nearly 32 years while Jaroszynski is currently in her 14th year.

Court records show Gerace and Jaroszynski heard 2,740 cases in 2022. The vast majority of those cases — 2,347 of the 2,740 — were vehicle traffic law in nature. Of those cases, 1,577 were resolved by both justices last year.

The pair also handled 272 criminal cases in 2022 as well as 29 civil cases, 70 cases dealing with town law and 11 environmental conservation law in nature.