The case involving an arrested current town judge running for a countywide office position is being transferred elsewhere for prosecution.

Chautauqua County District Attorney Jason Schmidt has announced that his office will not be involved in prosecution of Sally Jaroszynski for alleged election law violations. The Erie County District Attorney’s Office will be appointed as a special prosecutor.

On Oct. 8, the Chautauqua County Sheriff’s Office Criminal Investigation Division received a complaint of possible election law violations. After investigation Sally A. Jaroszynski, 57, of Ellicott, was charged with two counts of state Election Law misconduct in relation to petitions.

Jaroszynski is seeking the position of Family Court Judge being vacated by Judge Jeffrey A. Piazza at the end of the year.

She is a registered Republican and will be on the Working Families Party line in the upcoming Nov. 5 election.

In both 2014 and 2016 Jaroszynski ran for Family Court judge on the Democratic line but lost both times, in 2014 to Jeff Piazza and in 2016 to Michael Sullivan.

She is a lifelong resident of Chautauqua County and has been practicing law in Chautauqua County Family Court for over 30 years. She has been elected as the Ellicott Town Justice and has been serving in that position for 15 years.

On her campaign Facebook page, Jaroszynski was critical of the timing of the arrest and questioned the lack of details. “I have NOT been made aware of the specific allegations as my counsel and I have been DENIED our requests for any copies of the allegations, supporting statements or copy of the alleged complaint received on October 8, 2024. I do know that the allegations involve two alleged Notary Public violations on Conservative Party nominating petitions that were filed in April 2024 and certified by the Chautauqua County Board of Elections also in April 2024. The statutory time to oppose or challenge my petitions has long passed,” she wrote.

The decision to move the case avoids further conflict of interest.

Andrew Molitor, who is the First Assistant District Attorney in Schmidt’s office, is running for State Assembly. Molitor is the Republican candidate.

Jaroszynski’s opponent is Peter Johnson who is the endorsed Conservative and Republican Party candidate.

Both Molitor and Johnson have been photographed together campaigning.