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gary graber

Darien Justice celebrates 42 years with a busy retirement ahead

By Joanne Beck

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Gary Graber seems like the kind of guy who’d fit in most anywhere.

The longtime Darien judge is also comfortable driving a commercial truck, teaching across the country, embracing the role of grandpa, serving on a variety of boards, charming honey bees, and mowing the enormous greens at Terry Hills.

Though he has already retired, his friends and colleagues want to wish him well with a retirement party next month.

He shared a piece of advice he received that seems to have worked well in his many endeavors.

“I had a fire chief one time, he told me when you're looking at that burning building, and you’ve got to figure out what kind of help you need as far as mutual aid, he always used to say, turn your back when you make the decision. Don't ever make the decision when you're looking at the fire,” Graber said during an interview with The Batavian. “I never forget that because, you know, it's just one of those things where it gives you a chance to take a breath and, you don't make that snap decision. So more than once during something, I just had to make sure that I did that.”

A Critical Move to Small and Rural 
A native of Lancaster, Graber moved to Darien in 1970. He remembers watching the nearby missile sites and hearing hydraulics lifting missiles into an upright position. He was interested in the fire department and joined Darien Fire Company at 16, moving swiftly to assistant fire chief by the time he was 21. His mom moved him and five siblings to Darien after a divorce, shifting his school experience from being in a class of 365 kids to less than a quarter of that.

“For me, this town was something special, because I really question you know, when I lived in Lancaster, whether I would even make it through high school. When I came out here I went to a school that had 74 in our class, so it was really a big difference,” he said. “Folks took me under their wing, got me involved in the fire company. I did well with that.”

At the still-tender age of 24, he became a town justice when another justice also ran for town board, and that was a conflict of interest to hold both roles. So the other justice went on the board, Graber was asked to run for justice, and he jumped in with both feet, campaigned hard and won the justice seat by 150 votes. That job and the fire company position gave him valuable experience beyond his actual duties, he said.

“My heart is for this community; it gave me opportunities I don’t think I ever would’ve had,” he said. “People were good to me, they taught me things. I learned to be an early riser … how to just work hard.”

Training, and Adjustment
Hands-on training was a main factor in learning the ropes, he said, and there were yearly mandatory training courses to keep up-to-date on legal matters. Darien was more of a sleepy little town before Darien became a Six Flags theme park. The community really began to change then, he said.

“When the park exploded, I handled everything,” he said. “There were plenty of jury trials.”

He stepped back in time to when Pantera, a famous rock band led by Phil Anselmo, had a court case that stemmed from performing at the amphitheater. Every time there was a court hearing, “every kid in the world knew who he was, and they were looking through the windows,” he said. Anselmo came up from New Orleans and fully participated in the case, Graber said. Apparently, a guard had gotten hit by a microphone during a show.

How to prevail amidst the commotion of celebrity? As with any other case, “make sure you stay up on your education,” Graber said.

“Stop and look it up, review procedure,” he said. “As time went on, it changed. I just had an active interest in what we were doing. I just had a job you have to work at.”

Of all of the legal training he had taken, it was Leadership Genesee that possibly taught him the most. He never saw himself as a teacher, and the leadership class — he’s a 2005 graduate — brought out some hidden talents that had been under wraps, he said.

“It helped me to dig in there more to teach,” he said. “It was such a life-changer; it pulled out things I never thought I had in me.”

A year later he was nominated for Outstanding Alumnus, sort of “fell into being a commercial truck driver,” and become a truck terminal manager in 2008. That hands-on work certainly equipped him to teach about commercial truck driving law, ensuring that convictions were being properly recorded.

That all culminated in teaching for National Judicial College, which took Graber to 15 states. As time went on, he said that it became apparent that the Court Clerks Association could also benefit from his lessons. As a member of the state Magistrate’s Association since 2003, Graber was appointed as vice president, president and director during his four-plus decades with the group.

“We did a lot of legislative work for the benefit of our courts,” he said. For 11 years, he had an issue in particular — focusing on underage drinking — that was never successful in a legal sense.

“All we wanted to do was to get those involved to take alcohol awareness classes,” he said. “I learned a lot with that; we wanted to be more restorative than punitive.”

One year there were 800 people cited for underage drinking, he said. Restorative justice, through Genesee Justice, and Drug Court evolved out of those efforts. Those underage kids weren’t put in jail, but had to pay a $50 fine and take the class, he said. Most of the time, “their parents would make sure it got done,” he said.

In his 42-year career, Graber never lost an appeal, and his decisions were always upheld. That is something he is proud of, he said. His constant objectives were to be open-minded, remain current on the law and keep up with related education, especially regarding commercial truck licenses and accidents.

A Busy Retirement
“I’m proud to serve my community. And I’m going to do that as an ambassador of the University of Nebraska. I just enjoy it, to go out and talk to these judges and clerks, I just absolutely love it,” he said. “This is all about reducing crashes and saving lives. Last year crashes were up by 13 percent. It gives us a chance to look at things a little differently. We want the public’s trust and confidence.”

"Education, education, education" is the most important thing to keep in mind, he said. Don’t try to take shortcuts.

“We’re the folks that people see more than anyone else; they’re going to remember that,” he said of town justices. “Just handle each case individually. Look at each defendant and decide their case individually, and not to be appealed in criminal cases.”

Graber, who has a partner, Kathy, lives on seven acres of property that blooms “lots of sunflowers,” zinnias and the like — anything that might keep his honey bees and butterflies happy. He has two sons, Matthew, a retired sergeant of the U.S. Army, and Jason, a battalion fire chief. There’s likely to be travel in the future, to visit Graber’s two grandchildren in Tennessee.

His hobby of mowing at Terry Hills golf course puts that early riser in him to good use: from 3 to 7 a.m. three days a week, and periodically with a couple of baby foxes keeping him company; a new role as a board member of GCASA, plus remaining on the County Parks Advisory and Tonawanda Valley Federal Credit Union boards ought to occupy some of his remaining free time.

He doesn’t consider any of it work: it’s just “giving back.” Graber’s philosophy, as an elected official, has been to remember “who we’re doing these jobs for.” “We’re public servants,” he said.

He enjoys his community and has appreciated working in Genesee County with “a good group of criminal justice agencies like Genesee Justice,” he said.

“Because of the options, maybe someone could take a plea when otherwise they would have gone to court. I was just happy to be in this county,” he said. “Tomorrow, I’m going fishing for the first time since I was a kid.”

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File photos of Gary Graber in his Darien Town Justice role being sworn in with the state Magistrates Association and laying a wreath at the Tomb of the Unknown Soldier. 

Snippets from Gary Graber's Bio ...
Justice Gary Graber has served as the town justice for the Town of Darien, New York, since January 1980. He is a past member of the Town and Village Court Education Curriculum Committee and has taught criminal and administrative courses for the New York State Judicial Institute and the New York State Office of Court Administration.

Justice Graber continues to be very active in the development and training of topics relating to commercial driver’s licenses and commercial motor vehicles, including the development of sentencing charts that assist the New York courts in properly disposing of cases that involve commercial motor vehicles equipment violations. As an alumnus and faculty member of the National Judicial College since 2008, he continually instructs judicial personnel both in their home states and virtually on all matters related to the commercial driver’s license.

He is an honorary member of the New York State Magistrates Court Clerks Association. He has received many awards, including the Leadership Award from the Genesee County Magistrates, the 2005 Magistrate of the Year Award, the 2006 Criminal Justice Award from Genesee County Alcohol and Substance Abuse, the 2006 Leadership Genesee Outstanding Alumnus Award, and the 2013 Kevin E. Quinlan Award for Excellence in Traffic Safety.

Darien Town Justice honored to take part in wreath ceremony at 'Tomb of the Unknown Soldier'

By Billie Owens

(Submitted photo. Darien Town Justice Gary Graber is helping present the wreath to a sentinel guarding the "Tomb of the Unknown Solider.")

Press release:

On April 7 the New York State Magistrates Association had the honor to place a wreath at the "Tomb of the Unknown Soldier" at one of the nation’s most sacred shrines honoring veterans and their families who have sacrificed their lives for our freedom. The Tomb of the Unknowns is in the Arlington National Cemetery in Virginia.

Hon. Gary Graber, who serves as Town Justice in Darien, Hon. Tanja Sirago, Hon. Harold Bauman and Hon. Dennis Quinn placed the wreath on behalf of the New York State Magistrates Association. They acknowleged that it was an honor and a humbling experience to be able participate in this ceremony honoring our NYSMA members who have served as well as all of those who serve in the Armed Forces both past and present.

The "Tomb of the Unknown Soldier" includes the remains of unknown service members from World War I, World II and the Korean War. Soldiers from the 3rd U.S. Infantry Regiment (AKA "The Old Guard") keep a 24-hours-a-day, 365 days-a-year vigil at the Tomb. The wreath ceremony is memorial in purpose and patriotic in nature, dedicated to the memory of all those interred in the cemetery and to all those dying in the military service of the United States.

Town of Darien justices attend annual meeting and training conference

By Billie Owens

Press release:

Hon. Gary A. Graber (past president) and Michelle Krzemien, justices in the Town of Darien, recently attended the 106th Annual Conference and Certified Advanced Training Program of the New York State Magistrates Association held in Niagara Falls Sept.  27-30.

More than 250 local judges from all areas of New York State took part in the four day event, which combines the State Magistrates Association Annual Meeting and Conference with the Advanced Training Courses as required by New York State for all town and village justices in the Unified Court System.

The major purposes of NYSMA are the maintenance and support of the local judiciary through education and coordination with the New York State agencies regarding laws and other matters affecting local courts, “The Courts Closest to The People."

NYSMA works closely with the Office of Court Administration to assure the training enhances the professional development of the judges and is relevant to the practical situations encountered in the local courts. In addition to the required courses there are many elective opportunities offered for those attending.

The keynote speaker at the banquet was Lt. Gov. Kathy Hochul. Hon. Harold Bauman was sworn in as the 2016 president along with the officers and directors.

Presentations over the four day event were made by the Office of Justice Court Support, City, Town and Village Resource Center, Unified Justice Court System, The 8th Judicial District, Peter Gerstenzang, Esq., Commission of Judicial Conduct, Professor Heverly of Albany Law School, Service Education, Inc., Gerald Stern, Esq., Daniels M. Killelea, Esq. Maryrita Dobiel, Esq., Assistant Professor Al Chapleau of the College of St. Rose, Hon. James Murphy, Onondaga Supreme Court Justice, Hon. Michael Mohun, Wyoming County Court Justice, Hon. Sara Sheldon, Niagara County Supreme Court Justice, Selden Fritchner, Division Chief. CDL Division, FMCSA, Washington, DC., Neil Schoen Esq, Deputy Commissioner, NYS DMV, Office of Court Administration, DMV, Westlaw, Lexis-Nexis, Federal Motor Carrier Safety Administration, NYS Office of Indigent Legal Services, Dept. of Homeland Security Immigration and Customs Enforcement, NYS Division of Criminal Justice Services, as well as many of our officers and directors of the New York State Magistrates Association.

Darien Town Justice Graber sworn in as president of state magistrates association

By Howard B. Owens

Press release:

Town Justice of Darien, the Honorable Gary A. Graber, was sworn in as the president of the New York State Magistrates Association on September 11th during the 103rd Annual Conference and Certified Advanced Training Program of the New York State Magistrates Association held at the Sheraton University Hotel and Conference Center, Syracuse, New York, Sept. 9-12, 2012.

More than 250 local judges from all areas of New York State took part in the four day event, which combines the State Magistrates Association Annual Meeting and Conference with the Advanced Training Courses which are required by New York State for all town and village justices in the Unified Court System.

The Honorable Timothy Cooper, past president and town justice of Evans was the toastmaster for the Intallation Banquet. Honorable Gary Graber was sworn in by his co-judge the Honorable Michael S. Davis.

Among the many in attendance were: President Graber’s father, Donald Graber; brother, Tim Graber; son, Sgt. 1st Class Matthew A. Graber of the Army; daughter-in-law, Capt. Emily Graber of the Army; grandson, Ian Graber; son, Capt. Jason P. Graber of the Virginia Metropolitan Airport Authority Fire Department; and daughter-in-law Kelly Graber. Also recognized for attending the swearing-in ceremonies were Retired Justice Edgar Hollwedel, Retired Justice Charles Dusen, Retired Justice Gary Davis and his wife, Diane.

The keynote speaker at the banquet was Senator John A. DeFrancisco who proudly represents the 50th District in the New York State Senate. During the banquet, Senator DeFrancisco was presented the “New York State Magistrates Association’s Amicus Curiae Award,” which recognizes individuals other than members of the judiciary for extraordinary contributions to the Courts of New York State.

The major purposes of NYSMA are the maintenance and support of the local judiciary through education and coordination with the New York State agencies regarding laws and other matters affecting local courts, “The Courts Closest to The People.” NYSMA works closely with the Office of Court Administration to assure the training enhances the professional development of the judges and is relevant to the practical situations encountered in the local courts.

Presentations over the four-day event were made by the Office of Justice Court Support, City, Town and Village Resource Center, The 5th Judicial District, Peter Gerstenzang, Esq., Onondaga Commissioner of Jurors, Onondaga District Attorneys Office, Commission of Judicial Conduct, Gary T. Kelder, Esq. Professor of Law for the Syracuse University College of Law, Office of Court Administration, NYS DEC Outreach Program, NYS OASAS, many town and village judges, as well as many of our officers and directors of the New York State Magistrates Association.

Submitted photo: Graber, right, is congratulated after being sworn in by Darien Town Justice Michael Davis.

There's no excuses in Darien's town court on a concert night

By Howard B. Owens

My press pass is more valuable than I thought. Until last night, I didn't realize it could also act as a "get out of jail free" card.

This, I learned from Peter H. Scrooby, who admitted last night he isn't paid for his internet writing, but he did think his credentials -- which,  unfortunately, he wasn't carrying -- entitled him to avoid a night in jail on a disorderly conduct charge.

Scrooby, who said he went to the Kid Rock concert to cover it for Los Angeles-based American Chronicle, carried no ID whatsoever (his girlfriend had his wallet, he said), which presented a puzzle for Darien Town Court Justice Gary Graber.

How could Graber release a defendant on his own recognizance who couldn't even prove his identity?

As Graber and Scrooby bantered about Scrooby's suitability for a no-bail release, I checked out American Chronicle on my laptop. Sure enough, Scrooby is listed as an author (picture borrowed from Scrooby's profile page). So are 5,000 other people.

Apparently, to become a corespondent for American Chronicle, all you need to do is create an account.

At least Scrooby has written some articles for the site. A couple of them even seem to be based on some original reporting.

This budding Hunter S. Thompson was one of three people I saw marched or dragged into the Darien courtroom during my two hours observing the proceedings and chatting with Graber -- when no wayward concert-goers demanded his attention.

Graber earns a living dispatching trucks out of Buffalo, but he's also spent more than 30 years on the Darien bench. A music fan himself -- he's seen such varied acts as Elvis Presley (twice -- young and older), Jeff Beck and the Beach Boys -- he said the Darien Lake shows keep him plenty busy during the summer.

"We're happy when the snow starts to fly," Graber said, noting the signal that the Darien concert season is over.

The backlog of cases and paperwork created over the summer won't be cleared from his desk until late February or March.

A naturally jocular and affable man with a face warmed by laugh lines and framed by graying hair, Graber seems temperamentally inclined to give everyone the benefit of the doubt. He clearly wishes no ill will toward any of the defendents who are brought before his bench, even when they try his patience.

Even so, let's not be fooled by that benevolent exterior: nobody is getting off easy.

Kenneth Koban of North Chili found that out after being brought in by Deputy Brian Thompson on a trespass charge.

Cobin, sporting a black leather vest with "Eagle Spirit" emblazoned on the back above a picture of an eagle's head, didn't understand why he was charged with trespass after he paid $100 for a ticket.

Koban allegedly refused to leave the concert venue after being ordered to do so by security officers. What precipitated him drawing the ire of Darien security wasn't discussed.

As he stood unsteadily before the justice, Koban repeatedly interrupted Graber either trying to explain his innocence, offering to display the $100 ticket in his pocket, or asking Graber if he could ask questions.

"I'm asking the questions," Graber said.

"I've got a couple of things to say," Koban said.

"This isn't the time for that," Graber said. "This is an arraignment. After you talk with your attorney, then you can explain about your $100 ticket."

"I would like a public defender," said Koban, who previously said he earned more than $100,000 a year and owned 10 homes.

Graber said Koban likely wouldn't qualify for a public defender.

"You do make $100,000?"

"Yes, I make $100,000," said Koban, raising his voice.

"There's no need to get agitated."

"I didn't even do nothing," Koban said. "I'm here in handcuffs right now, but I'm not agitated. I respect you and I respect the court, for what it's worth."

Koban was remanded to Genesee County Jail on $200 bail.

While Cobin stood before Graber, another defended was escorted into the courtroom, shackled at her ankles and handcuffed. She initially raised a ruckus, crying loudly and babbling.  Within minutes, Sgt. Brian Frieday  got her settled and calm, so Graber could proceed with Cobin's arraignment.

While Graber left the courtroom to finish up Cobin's paperwork, Cobin acted like he knew the young woman, telling her to stop crying and shut up, and saying, "Just tell the judge your boyfriend is a piece of shit."

When the woman tried to lay down on a "Darien"-engraved wooden bench, Sgt. Frieday made her sit up.

"Don't touch me," she yelled, then adding more softly. "I'm not trying to hurt you and don't want to hurt any one, so you can't touch me."

Jamie E. Otto-Trott, a 24-year-old, high-school pool supervisor from Rochester, appeared before Graber on two counts of harassment in the 2nd degree.

Otto-Trott, who made repeated requests of both Sgt. Frieday and the justice to have strands of her long, black hair swept from her face, allegedly pushed a Darien security guard and then allegedly kicked a Sheriff's deputy in the leg.

After being told about the charges by Graber, Otto-Trott said she just wanted to go home.

"My boyfriend took my car and left," she said. "I live an hour-and-half away."

Even though at one time Otto-Trott said she could afford to pay for her own attorney on her $200-a-week salary, she later said, "I don't think I can make that decision right now," so Graber said he would send her case to the Public Defender's office. He entered a not guilty plea for her and remanded her to Genesee County Jail on $300 bail.

After Graber left the room, Otto-Trott sat on a chair in the front row of the orderly, clean and well-lit courtroom and started asking Sgt. Parker questions, trying to find out his age. She thought he looked pretty young for 37.

With the age question settled, her mood changed again. The young lady, who minutes earlier told Graber she is returning to SUNY Brockport this fall to finish her degree in psychology after taking time off because her mother died last year, started sobbing again.

"I don't really like Kid Rock," she told Frieday, "but my boyfriend loves Kid Rock and wanted to go to this concert, and then I had to leave the concert. I just ruined the whole thing. We never go out. I just ruined the whole evening. Now he will want to break up with me."

Parker told her that he heard on the police radio earlier that her boyfriend was waiting for her at Genesee County Jail.

It was a tough case. While Graber can't discuss specific defendents, after Otto-Trott was escorted away, he looked out on the empty chamber with low-cast eyes, his face betraying an obvious compassion for the young lady.

As we talked about the kind of cases he's seen over the years, he said he has faced many tough decisions.

"These are never easy decisions," he said. "If you want a job with easy decisions, you shouldn't do this, you shouldn't be here. You have to take each case one at a time."

For all his his tender exterior, Graber seems completely immune to excuses.

None of last night's defendants were able to convince Graber that they deserved special treatment, either because the arrest was seemingly unfair, or because not everything was right with their lives.

Even our intrepid, aspiring gonzo journalist, Peter H. Scrooby couldn't justify avoiding a night in lock up. He was sent off to the pokey on $200 bail and ordered to reappear in two weeks.

Hopefully, he'll at least get a good story out of the experience.

AFTER MATTER: 

Mr. Scrooby sends along the following note:

Hi Howard,
Just a couple things I would like you to clarify in your article if you could sir. It was not my girlfriend that had my ID it was a friend of my mom's that attended the event with me. I also would like to note that yes anyone can become an author and sign up for free at American Chronicle, but the articles have to be approved and can be denied by the editors. I do not want it to sound as anyone can submit anything that they would like and have it published. Well take care and thanks, I enjoyed your article and have bookmarked your site as I also enjoyed your writing style. I take the Hunter S. Thompson  comment as a compliment and only hope that one day I could reach such great journalistic standards as the late Hunter S. Thompson achieved.

Regards,
Peter H. Scrooby
American Chronicle

UPDATE: In my desire to be as non-intrusive as possible with the lawmen, I relied on what I thought I was hearing in court for names.  Yesterday morning I tried to confirm the names with Chief Dibble, but he had already left on vacation. Late yesterday, I spoke with the Darien Court clerk, who helped clarify the names, and the story has been changed accordingly.  Sgt. Brian Frieday was with Otto-Trott. Deputy Brian Thompson was with Cobin, and though not mentioned in the story, Deputy Chris Parker was with Scrooby. Now, I hope that's all correct.

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