Saying she was the “first, last and only choice,” Niagara Falls Mayor Paul Dyster appointed former Niagara County assistant district attorney Diane L. Vitello as the new associate City Court judge on Thursday.

Vitello, who unsuccessfully ran for City Court in 2002 as a Democrat, is the wife of Dyster’s former campaign manager Craig Touma, leading to speculation whether her appointment to the temporary position is politically motivated.

Both the mayor and Vitello vehemently denied those questions, pointing out Dyster publicly endorsed Vitello in her previous run for city judge. The two have been friends since grade school, Dyster said.

“Diane has just the right balance of toughness and compassion to make an outstanding City Court judge,” Dyster said during a press conference in front of City Hall. “Proving once again that the best man for the job is often a woman, Diane is my first, last and only choice.”

Responding to questions about his connection with Touma, Dyster said a woman should not be penalized for the involvements of her husband, a trend mirrored in national politics.

“I simply picked the best candidate for the position, and I think that my choice stands on its own,” the mayor said.

Vitello, 45, will take the bench June 23 and fill the vacancy created by the removal of Judge Robert Restaino. The position carries an annual salary of $113,000, but Vitello’s appointment will only last until Dec. 31.

“This November, there will be an election for a full, 10-year term in City Court,” she said to a crowd of about 30 people, including her mother and 13-year-old son, Luke. “I intend to run in that election, and I intend to win.”

Vitello cited her experience working as a confidential law clerk for seven years under the late Judge Paul Crapsi. She currently is a private practice attorney specializing in personal injury with offices on Main Street across from City Hall.

“I was born and raised in Niagara Falls and I have spent my life trying to make our city a better place,” Vitello said. “I can promise you one thing: Each day, I will put my heart and soul into being the best judge I can possibly be.”

Restaino was removed from the bench by a judicial review panel which ruled he overstepped his bounds when he jailed 46 people in his courtroom after he was unable to determine the source of a ringing cell phone. The New York State Court of Appeals denied Restaino’s appeal to return last week.

Dyster said he’s been considering how to fill the vacancy for the past several months, but wanted to be respectful of Restaino’s appeal process before finalizing a decision. According to Vitello, she had not spoken directly to the mayor until Wednesday night when she accepted the position.

Instead, Touma served as the go-between to gauge his wife’s interest, according to Dyster.

“I asked Craig what Diane was thinking about the possibility,” the mayor said. “I wanted to avoid a situation where she would feel obligated to accept. It’s a family decision whenever you go into public office.”

The duty to fill the open spot fell solely on the mayor, however he opted not to conduct an expanded search process with interviews, such as the ones being done to fill several key spots in his administration.

“My responsibility was to act swiftly,” Dyster said.

Vitello described her relationship with the mayor as “colleagues and personal friends.” She served on Dyster’s campaign last year, but said she did not pass out any petitions or solicit signatures. Despite speculation surrounding the appointment, she said she doesn’t feel any additional pressure.

“I understand the questions about my husband, but the mayor supported me in 2002 when he wasn’t the mayor, so I think that speaks for the politics itself,” Vitello said, referring to her previous campaign for city judge.

Touma, a private attorney who also serves as head of Dyster’s transition team, reiterated statements made by his wife and the mayor that the appointment was not politically motivated.

“It’s unfortunate that there’s any question about this because it is a merit-based selection,” Touma said. “Her education and experience do speak for itself.”

Vitello holds a bachelor of science degree from Buffalo State College and a Juris Doctorate from the University of Dayton School of Law.

After serving under Crapsi, Vitello was a Niagara County assistant district attorney from 2002 to 2006, prosecuting domestic violence and general felony cases. She has also served as an adjunct professor in the Department of Criminal Justice at Niagara County Community College.

Vitello has been a member of numerous community organizations, including serving as commissioner of the Niagara Falls Bridge Commission.