Judge’s Resignation Re-Opens the Bench to Defeated Challenger

LIVONIA – The man who challenged then-Justice David Mahoney for his seat as Livonia Town Justice implied that he would take the oath of office if elected as a write-in.

Jack Brown, who unsuccessfully challenged Judge Mahoney at Livonia’s Republican caucus in July, said that he will do as the voters ask. After an unexplained resignation as of Sept. 30, Mahoney will be the only candidate to appear on the ticket Nov. 8.

“I’m willing to serve as the voters of Livonia see fit,” said Brown. “I wish Mr. Mahoney the best.”

Mahoney’s resignation came just past the deadline for him to decline candidacy, and just past the deadline for the vacancy to be filled. The deadline to decline was Sept. 23 and the deadline to fill the vacancy was Sept. 27.

Livonia Town Clerk Colleen West Hay said that Mahoney’s resignation letter was brief and did not indicate a reason for leaving the bench.

David DiPasquale, Democratic Commissioner for the Livingston County Board of Elections, explained the procedural possibilities as Nov. 8 approaches.

“If Mahoney loses the election to a write-in candidate, the write-in will simply serve the term. If Mahoney wins, he can still take the oath of office in January and serve the four year term,” said DiPasquale. “If he doesn’t take the oath of office, the Town Board will choose a person to fill the vacancy. That person designated by the Town Board would serve as Justice until next November’s election, when it goes straight back to caucus for the parties to designate new candidates.”