A not-qualified rating handed to county Family Court Judge candidate Sally Jaroszynski is drawing a stir over whether it was tainted by a local attorney using his position on a rating commission.

However, the Independent Judicial Election Qualification Commission’s director says Ken Lasker, member and Jamestown attorney, was disallowed from participating and recused himself from rating Jaroszynski, a Democrat, as well as Michael Sullivan, the Republican candidate. Lasker followed by telling The Post-Journal he had strong feelings about the race and recused himself from the process.

“I did not participate in any rating. I wasn’t in the room,” he said.

But Margaret Murphy, a Buffalo attorney speaking on behalf of Jaroszynski, and Sherry Bjork, Republican candidate who lost to Sullivan in the primary, say Lasker tainted Jaroszynski’s campaign and the race.

In July, the Independent Judicial Election Qualification Commission’s Eighth District released ratings for Chautauqua County Family Court Judge. Upon gathering information from the candidates, meeting with local attorneys and diving into cases the two tried, the commission rated Jaroszynski not qualified and Sullivan highly qualified. Two years ago, Jaroszynski was rated qualified and she said nothing changed in between that time.

The tainted race claims come after recordings and other sources of information gathered showing Lasker’s resentment to the possibility of Jaroszynski taking the bench. At the time Bjork was deciding whether or not to run for Family Court, she received a voicemail from Lasker on June 9. Within the recording, Lasker expressed his desire to see and help Bjork run against Jaroszynski in the September Democratic primary.

Bjork told The Post-Journal she received communications from Lasker through July. Copies of texts and Facebook messages obtained by The Post-Journal show Lasker politicking against Jaroszynski before the primaries while expressing a grave dislike for her.

As petitions were due and Bjork decided not to run against Jaroszynski, Bjork said the communications from Lasker stopped. She ran a primary against Sullivan for the Republican line and lost.

Bjork said Jaroszynski and her have had their problems and differences, but she admitted Lasker’s politicking tainted the race.

“I believe with my whole heart that this is about the kids and voters and who will be hearing cases,” Bjork said. “Family Court is not about politics.”

Mary Gehl Doyle, judicial district commission director, told The Post-Journal that Lasker had a conflict of interest and wasn’t allowed in the interview or rating of the candidates. Doyle said this isn’t the first time a member had to step down from participating.

However, she said Lasker provided information that was investigated by a commission subcommittee.

“We always get information from local attorneys on judicial candidates. This was nothing unusual,” she said, adding there was an investigation this time based on information they received from Lasker and other sources.

When asked what led to the rating change, Doyle said commission proceedings are confidential, but a change in circumstance prompted reconsideration.

“Upon the investigation of that information that was received from several sources, the commission met and determined that she wasn’t qualified. A change in circumstance is all I can say,” she said.

Jaroszynski, an Ellicott Town Court justice, was criticized by the State Comptroller’s Office in November 2015 along with fellow justice Marilyn Gerace for failing to maintain oversight of court funds and establishing internal controls over court financials.

Lasker, who’s been on the commission for two years, said he didn’t partake in the rating of Jaroszynski as he recused himself. But he did issue a statement following the commission’s release of the ratings.

“These ratings are important and should be strongly considered by the public in deciding who should be elected to be Family Court Judge,” he stated.

Lasker also shared Sullivan’s July 29 Facebook post in which the Republican candidate says he received a highly-qualified rating. Lasker told The Post-Journal sharing the ratings is part of the commission’s job.

“I do think that the ratings are important,” he said. “I know how much work is put in by the committee. I know how much work is put into the ratings by the commission and how much they interview judges and lawyers. They look into every aspect of your career.”

Dealings between Lasker and Jaroszynski go back to last year when Lasker filed a complaint to the state Attorney General’s Office over mismanagement within Legal Aid of Chautauqua Region, Inc, for which Jaroszynski is legal director. The complaint by Lasker states that he was asked to join the board of directors for Legal Aid in January 2015. When he requested to see financials, meeting minutes and other information, the complaint states that he was provide by-laws, but not other information.

The case, which is still open, is examining Legal Aid and not Jaroszynski as issues were occurring before she came on board, according to Murphy.

“A year ago we went to OAG related to problems with Legal Aid of Chautauqua Region. (Sally) answered questions and the AG’s Office was impressed with Sally,” Murphy said. “Sally said she would resign if the AG’s Office thought she should, but they said no. They stopped her and wanted her to work with them.”