How does a judge remain impartial when someone’a fellow attorney, local politician or friend, for example’contributes to a campaign, helps the judge get elected, then later appears in court?
That was just one of the questions posed during a last week’s forum for candidates running for judge in Clarkston’s 52-2 District Court.
‘I have demonstrated for the last six years that I have been totally impartial,? answered incumbent Judge Dana Fortinberry. ‘The nature of being a district court judge means people who will come in front of you that you’ve seen in the grocery store, or in your neighborhood. If you don’t know those people well you don’t have to recuse yourself, but it’s a decision you make every day. Impartiality has been a hallmark of my first six years on the bench.?
Other candidates answered as follows:
‘Mark Lyon: ‘I make it very clear partiality stops at the courthouse door. If you’re looking for a favor, I’ll come and cut your grass, help you wash your windows, help you change your oil. I’ll do whatever I can to help you personally. Just don’t ask for it from the bench.?
‘Joseph Fabrizio: ‘Campaign finance laws and the Judicial Code of Ethics places severe restrictions on what a judicial candidate can do compared to candidates running for partisan offices. I believe endorsements issued should be issued because organizations or individuals believe that candidate is the best person for the job. I can certainly tell you that, if elected judge, I would have no bias or favoritism for anyone that choose to endorse my campaign. If I ever felt that way I would recuse myself.?
‘Fred Miller: ‘When you walk into my courtroom you’ll be treated with respect. You’ll be given a fair hearing and a decision based on the evidence. If you don’t sign my petition you’ll get it. If you contributed to my campaign you’ll receive the same respect as if you didn’t. You’re electing me to do what you believe is what is the proper thing legally and ethically.?
The forum, which took place June 26 at Clarkston Junior High School, was sponsored by the Oakland County Bar Association, in partnership with the League of Women Voters and the Detroit Free Press.
The event will be televised in the near future, although the date has not yet been determined.
Panelists Stephen Henderson, deputy editorial page editor for the Detroit Free Press, and Kathleen Bogas, attorney and member of the Oakland County Bar Association also asked candidates questions about trial experience, community service, temperament, criteria for recusal, threats to judicial independence and understanding of a district court judge’s roles and responsibilities.
District Court Judges are elected to six-year terms on a non-partisan ballot.
According to U.S. District Judge David Lawson, who moderated last week’s event, 40 percent of voters stop voting when they get to the nonpartisan portion of the ballot.
‘Who you select as judge in your community is important,? he said. ‘You need to vote the whole ballot.?
Lawson said judicial races are the least understood elections, but noted results can affect residents, their families and communities for years to come.
‘Most people never come before a court, but when they do, it’s usually in district court in a dispute with a neighbor or local business,? he said. ‘If the person that’s calling the balls and strikes’the judge’is corrupt or makes mistakes in judgment, it doesn’t just affect the person involved in the case. It has a domino effect across the community.?