The Ann Arbor Chronicle » judicial candidates

Aug. 5 Primary: Procrastinator’s Guide

Chronicle Staff — Mon, 04 Aug 2014 02:00:13 +0000

In Ann Arbor, local elections are mostly determined in the Democratic primary, held this year on Tuesday, Aug. 5. The mayoral race is well contested with four Democratic candidates. Races in three of the city’s five wards offer actively contested races.

“Vote Here” sign designating an Ann Arbor polling location for a previous election.

No Republicans are running for mayor or in any of the city council races. Only one independent candidate – Bryan Kelly, who’s running for mayor – will appear on the Nov. 4 ballot.

Races for probate judge and circuit court judge offer fields of five and three candidates, respectively.

This article provides a roundup of Chronicle election coverage, for anyone who’s still studying up on the candidates. It includes links to reports and recordings of candidate forums, campaign finance data, analysis and other information. Links are also provided to candidate websites and League of Women Voters candidate profiles.

If you’re not sure whether you’re registered to vote or you’re not sure which ward you live in, Michigan’s Secretary of State website offers an easy way to check. The site also lets you look at a sample ballot. To give you a general idea of what ward you live in, check out this ward boundary map.

Polls open on Tuesday morning at 7 a.m. and close at 8 p.m. Readers can follow along during the day as The Chronicle goes poll-hopping, checking in at locations throughout the city. We’ll also be posting updates with results starting soon after the polls close. The Washtenaw County elections division website also provides unofficial results on election night.

Below you’ll find more information on the Ann Arbor mayoral and city council candidates, as well as judicial candidates for the probate and 22nd circuit courts.

Ann Arbor Mayor

Competition for the Democratic Party’s mayoral nomination is a four-way race: Stephen Kunselman, Sabra Briere, Christopher Taylor, Sally Petersen. All are current city councilmembers. Incumbent mayor John Hieftje is not seeking re-election, and there is no Republican candidate. The winner of the Aug. 5 primary will face independent Bryan Kelly in the Nov. 4 general election.

The League of Women Voters provides written candidate profiles with responses to questions on its Vote411.org website. [Mayoral Vote411.org profiles]

Here are links to Chronicle coverage of mayoral candidate forums, campaign finance reports, and other analysis:

Ann Arbor City Council

There are five wards in Ann Arbor, with two councilmembers from each ward serving two-year terms. Each year, one of those ward seats is up for election. This year, races are actively contested only in Wards 1, 2 and 3.

In Ward 4, Graydon Krapohl – a Democrat who is currently vice chair of the park advisory commission – is the only person who has qualified from either party for the primary, so that race will not appear on the Ward 4 primary ballot. There are no Republican or independent candidates running for that seat. Incumbent Democrat Margie Teall is not seeking re-election.

Ward 5 voters will see two names on the Democratic primary ballot: one-term incumbent Chuck Warpehoski and Leon Bryson. Bryson has announced that he’s withdrawn his candidacy and won’t campaign for the seat. However, Bryson’s name will still appear on the ballot. As in Ward 4, there is no Republican or independent candidate running for the Ward 5 seat.

Ann Arbor City Council: Ward 1

The Ward 1 Democratic primary features one-term incumbent Sumi Kailasapathy and Don Adams, who is seeking elected office for the first time. There are no Republicans or independents in this race.

The League of Women Voters provides written candidate profiles with responses to questions on its Vote411.org website. [Ward 1 Vote411.org profiles]

Here are links to Chronicle coverage of candidate forums, campaign finance reports, and other analysis:

Ann Arbor City Council: Ward 2

In Ward 2, there are two candidates in the Democratic primary: Nancy Kaplan, a current trustee of the Ann Arbor District Library; and Kirk Westphal, who until recently served as chair of the Ann Arbor planning commission. The incumbent, Sally Petersen, is running for mayor rather than seeking re-election to that council seat. There are no Republican or independent candidates in Ward 2.

The League of Women Voters provides written candidate profiles with responses to questions on its Vote411.org website. [Ward 2 Vote411.org profiles]

Here are links to Chronicle coverage of candidate forums, campaign finance reports, and other analysis:

Ann Arbor City Council: Ward 3

This year’s Ward 3 contest features Julie Grand, Bob Dascola and Samuel McMullen, who are all competing for the seat that Christopher Taylor is leaving in order to run for mayor.

In addition to the candidates’ websites, more information is provided in the League of Women Voters written candidate profiles with responses to questions on its Vote411.org website. [Ward 3 Vote411.org profiles]

Here are links to Chronicle coverage of candidate forums, campaign finance reports, and other analysis:

Links to more coverage related to Dascola’s lawsuit against the city can be found here.

Probate Judge

Five candidates are seeking to be the next Washtenaw County probate judge: Jane Bassett, Tamara Garwood, Constance Jones, Tracy Van den Bergh and recently appointed judge Julia Owdziej. The nonpartisan primary will narrow the race to two candidates for the Nov. 4 general election.

Owdziej was appointed to the seat by Gov. Rick Snyder just last month, on June 2, 2014, to fill the vacancy on the court left by Nancy Wheeler’s retirement. The announcement of that retirement came on May 1, after candidates had filed to run. Wheeler was expected to retire at the end of the year, but it came earlier than expected due to health reasons. Bassett, Garwood and Jones currently work in private practice while Van den Bergh is a staff attorney for a legal services nonprofit.

On its Vote411.org website, the League of Women Voters has posted candidates’ written responses to questions: [Probate court candidate responses]

Here are links to Chronicle coverage of the probate judicial race:

22nd Circuit Court Judge

Pat Conlin, Veronique Liem and Michael Woodyard will compete in the nonpartisan Aug. 5 primary for 22nd circuit court judge. The top two candidates will advance to the Nov. 4 general election. The winner of that contest will fill the open seat left by judge Donald Shelton, who turned 70 in June. According to Michigan state law, only a person under the age of 70 can be appointed or run for the position of judge.

Conlin and Liem are local attorneys, while Woodyard works in the Wayne County prosecutor’s office. A second seat on the court is also up for election, as judge David Swartz is at the end of a six-year term. He is running uncontested to retain his 22nd circuit court incumbent seat.

On its Vote411.org website, the League of Women Voters has posted candidates’ written responses to questions: [22nd circuit court candidate responses]

Here are links to Chronicle coverage of the 22nd circuit court judicial race:

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A2: Candidates

Chronicle Staff — Thu, 31 Jul 2014 21:12:41 +0000

The Jim Toy Community Center has released the results of its first municipal candidate questionnaire for the 2014 primary elections. The center received responses from 25 candidates, answering questions that were designed to gauge and elicit commitments to LGBTQ issues and equality. Candidates’ responses were then coded and rated on a five-point scale. All but two of the candidates received 4, 4.5 or 5 points. [Source]

Washtenaw Dems Host Judicial Forum

Chronicle Staff — Sat, 19 Jul 2014 13:54:38 +0000

The Washtenaw County Democratic Party is hosting a forum for candidates in county judicial races this morning (July 19, 2014) at 10 a.m. at the Pittsfield Township Hall on Michigan Avenue near Platt Road.

The Chronicle plans to provide a live audio broadcast from the event. The embedded live-stream player below will be replaced with an audio recording after the event is over.

Two contested races will appear on the ballot for the Aug. 5, 2014 primary – one for the circuit court and the other for the probate court.

The circuit court tries felonies and criminal matters, family law, and civil disputes where claims are greater than $25,000. However, the docket for this particular seat on the circuit court is heavily weighted toward family cases.

There’s no incumbent in this race. Pat Conlin, Veronique Liem and Michael Woodyard will compete in the nonpartisan Aug. 5 primary, which will advance the top two candidates to the Nov. 4 general election. The winner of that contest will fill the open seat left by judge Donald Shelton, who turned 70 in June. According to Michigan state law, only a person under the age of 70 can be appointed or run for the position of judge.

On its Vote411.org website, the League of Women Voters has posted candidates’ written responses to questions: [22nd circuit court candidate responses] Community Television Network has recorded video playable on demand from the 22nd circuit court League of Women Voters forum.

The county probate judge handles largely estate cases, and issues regarding mental health and addiction.

Jane Bassett, Tamara Garwood, Constance Jones, Tracy Van den Bergh and recently appointed judge Julia Owdziej will appear on the Aug. 5 primary ballot. The nonpartisan primary will narrow the race to two candidates for the Nov. 4 general election.

Owdziej was appointed to the seat by Gov. Rick Snyder just last month, on June 2, to fill the vacancy on the court left by Nancy Wheeler’s retirement. The announcement of that retirement came on May 1, after candidates had filed to run. Wheeler was expected to retire at the end of the year, but she stepped down earlier than expected due to health reasons. Bassett, Garwood and Jones currently work in private practice, while Van den Bergh is a staff attorney for a legal services nonprofit.

On its Vote411.org website, the LWV has posted candidates’ written responses to questions: [Probate court candidate responses] Community Television Network has recorded video playable on demand from the probate court League of Women Voters forum.

Listen to the July 19 forum live using the player below. Under the player are two text boxes, with identical content, which The Chronicle will use to provide notes about the live audio. The first box forces the view of the embedded text file to the bottom. The second box requires manual scrolling.

[.mp3 of Washt-Dems-Judicial-Forum-Probate]

[.mp3 of Washt-Dems-Judicial-Forum-Circuit]

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22nd Circuit Judicial Race: Kuhnke, Fink

Dave Askins — Mon, 29 Oct 2012 15:32:57 +0000

Attorneys Carol Kuhnke and Jim Fink, the top two vote-getters in the Aug. 7, 2012 primary, are now vying for a vacancy on the 22nd Circuit Court bench to be left by retiring judge Melinda Morris. The nonpartisan judicial elections on Nov. 6 are for six-year terms.

Names on the ballot for the non-incumbent position on the 22nd Circuit Court: Jim Fink and Carol Kuhnke. (Photos by the writer.)

At a candidate forum held in Ann Arbor’s Bach Elementary School cafeteria earlier this month, sponsored by the Washtenaw County Bar Association and the Old West Side Association, Kuhnke and Fink fielded questions on fairly standard topics: judicial temperament, experience, role models and the like.

In addition, Kuhnke and Fink have both provided written responses to questions on the League of Women Voters vote411.org website. And they previously participated in a June 23 forum for the primary race covered by The Chronicle, which included a total of four candidates.

Campaign finance statements filed with the state show that the cumulative total amounts raised by Kuhnke and Fink for their campaigns are $82,018 and $93,465 respectively.

Of her $82,018 total, Kuhnke has raised $46,738 since the primary election, and had spent just $13,892 between the primary and the close of books on Oct. 21. That left her with $34,405 to spend in the final two weeks of the general election campaign. Of his $93,465, Fink has raised $37,635 since the primary, and has spent $20,967 during the same period. He has $21,417 left to spend in the final two weeks.

Kuhnke has been practicing law for 18 years, longer than Fink’s 14 years, and is campaigning with the slogan, “The most experienced.” Fink is inclined to add to the mix his previous 20 years of experience working in law enforcement, starting in 1977 as a Washtenaw County sheriff’s deputy and moving up the ranks to commander.

Fink argued implicitly that the quality of the endorsements he’s received – from local judges – is better than some Kuhnke has received, from judges in other counties in southeastern Michigan where she’s argued cases. One local judge, Tim Connors – who is seeking re-election to the 22nd Circuit Court in a separate race against Mike Woodyard – is listed on websites for both Fink and Kuhnke among their endorsements. Connors and Woodyard participated in the Oct. 16 forum with Fink and Kuhnke – their responses are included in a separate Chronicle report.

Fink challenged any perception that he felt entitled to the judgeship based on the service of his father and older brother as judges, by stating it’s not the case that he felt entitled. He described how he’d always planned to practice law, even though he took a “side trip” to work in law enforcement.

Kuhnke described her vocation to the law as stemming in part from her undergrad studies in philosophy, and the impact that the meaning of words can have on people’s lives. She was matter of fact in drawing out one contrast between herself and Fink: “I’m a woman.” She thinks that having a woman’s voice on the court is important, but stated that she did not think she deserved a vote just because she is a woman.

An issue related to women’s health was highlighted in a question fielded from the audience. Fink is endorsed by Right to Life of Michigan – so the question related to whether Fink had pledged to rule against young women who were requesting a “judicial bypass” for permission to have an abortion. Fink was emphatic in stating that in order to receive that organization’s endorsement, he’d made no such pledge and that he hadn’t been asked such a question.

Even though the judicial bypass question came last at the forum, this detailed report of candidate responses begins there.

Judicial Bypass

The issue of judicial bypass came up during an audience Q&A at the end of the formal forum, as part of a question asked by local attorney Tom Wieder.

Judicial Bypass: Statutory Background

In the state of Michigan, the judicial bypass is an option for minors who are not able to obtain parental permission to have an abortion. From Act 211 of 1990, it’s the provision in 722.903 Section 3(2):

722.903 Consent to abortion on minor; petition for waiver of parental consent. Section 3.
(1) Except as otherwise provided in this act, a person shall not perform an abortion on a minor without first obtaining the written consent of the minor and 1 of the parents or the legal guardian of the minor.
(2) If a parent or the legal guardian is not available or refuses to give his or her consent, or if the minor elects not to seek consent of a parent or the legal guardian, the minor may petition the probate court pursuant to section 4 for a waiver of the parental consent requirement of this section.

For the 22nd Circuit Court, the probate court’s responsibility for such waivers is handled by the family division of the trial court. It’s chief judge Donald Shelton who hears petitions for waivers of the parental consent requirement, with judge Tim Connors serving as alternate. The statute sets forth two criteria for granting a waiver as follows:

722.904 … granting waiver of parental consent; … Section 4
(3) The probate court shall grant a waiver of parental consent if it finds either of the following:
(a) The minor is sufficiently mature and well-enough informed to make the decision regarding abortion independently of her parents or legal guardian.
(b) The waiver would be in the best interests of the minor.

Judicial Bypass: Right to Life of Michigan

Jim Fink is listed on the Right to Life of Michigan’s website as an endorsee, though his campaign website does not include the endorsement. The criteria for endorsement set forth on the RLM website include the following:

Prolife – First and foremost, a candidate must be prolife with no exceptions other than life of the mother. A candidate must also complete a Candidate Questionnaire and agree to a Human Life Amendment to the U.S. Constitution, effectively establishing personhood from the moment of conception.

In a phone interview with The Chronicle following the Oct. 16 candidate forum, Fink confirmed that he had completed a questionnaire for Right to Life of Michigan, and described his answers to the RLM questions as including the kind of statements he’s made during the campaign – that he’d have to set aside his personal opinion in applying the law. Fink indicated that the material provided with the questionnaire made clear that for judicial candidates, they were not being asked to commit to ruling in a particular way on certain types of cases – because that would be an ethical violation.

In a separate phone interview, David Malone – director of Right to Life of Michigan – indicated to The Chronicle that the endorsement questionnaire sent to judicial candidates was different from the one sent to non-judicial candidates. He described how it’s made clear in the questionnaire materials that candidates are not being asked to say how they’ll rule in a particular case. Malone declined to provide The Chronicle with a copy of the questionnaire, explaining that it’s not made available to non-candidates. Fink deferred to the RLM’s preference that the questionnaire not be disseminated.

Judicial Bypass: Question for Candidates

The WCBA had prepared questions for the candidates covering standard topics like judicial temperament, experience and what led the candidates to consider a career in law. But during the second part of the forum, questions from the audience were entertained as well. The requirement that all questions be suitable for all four candidates led to some grumbling – based in part on the fact that not all four candidates were running against each other.

Local attorney Peter Davis, who indicated he had a question just for Woodyard, responded to moderator Steve Borgsdorf’s enforcement of the rule by saying, “So you want softball questions?” Borgsdorf responded with, “No, they can be fastballs, but everyone’s got to get a chance to bat.” The analogy was apt, as at the time of the forum, the Detroit Tigers baseball team was handing the New York Yankees a 2-1 defeat in the American League Championship Series.

The judicial bypass question from the audience came from local attorney Tom Wieder. The question was pointedly for Fink, but the other three candidates weighed in on the topic of judicial bypasses as well.

Wieder’s windup noted that one of the matters that can come before the circuit court is a so-called “judicial bypass case.” Those are cases where a minor wants to have an abortion and cannot obtain the consent of a parent or guardian, he explained. There have been about 125 of those cases in the last four years, Wieder said, which were decided on the circuit bench. “Mr. Fink, you’ve been endorsed by Right to Life of Michigan, a condition of which is that you agree to oppose abortion except in cases where the life of the mother is at stake. Given that pledge, aren’t you effectively saying to any young woman who came before you in a judicial bypass case, unless her life were endangered, you would not grant a bypass?”

Jim Fink: Fink responded by saying, “Mr. Wieder, I was not asked to pledge anything, or to say what I would do in any particular case.” Fink went on to say that it would, in fact, be unethical for him to do so. “I wasn’t asked the question, sir.” But the statute is pretty clear, Fink stated – a judge has to consider two factors and then make a decision. “I’m going to apply the law and I’m going to follow the law,” he said. Fink noted that he had a lot of pro-choice supporters who trusted him to do just that. Wieder came back to the Right to Life of Michigan endorsement and cited the text on that organization’s website, which explains how a candidate would have to indicate that they wouldn’t support abortion except to save the life of the mother. Fink responded with: “I can tell you I was not asked that question.”

Carol Kuhnke: She described it as a difficult decision for a young woman to make. For a young woman who has the courage to file that kind of petition – to ask a judge’s permission to have an abortion – she hoped she would have a compassionate and sensitive ear. She said she does not believe in abortion for herself but is adamantly pro-choice.

Introductions

The forum began with the opportunity for each candidate to make some opening remarks.

Carol Kuhnke: She observed that she recognized many of the people in the audience. She began her introduction by reviewing her educational background – she graduated from Milan High School in 1986, making her 44 years old. As an undergrad at the University of Michigan she studied philosophy and the history of art, majoring in both. She obtained her law degree from the Chicago-Kent College of Law. After finishing law school she practiced in Chicago for a couple of years. She missed Michigan tremendously, she said, and was fortunate enough to talk Peter Davis into hiring her as an associate. Shortly after that they became law partners, and they have practiced together for 16 years. So she’s been practicing law for almost 20 years, she said. She has spent all that time trying cases. She enjoys working hard and she enjoys that work.

Carol Kuhnke. (Photo is from the Oct. 10 League of Women Voters candidate forum held in the studios of the Community Television Network.)

Kuhnke is running for judge because she knows that her experience has trained her well to do that job. She knows that judges touch people’s lives, she said – not in the way that the legislature or the executive branch does, but rather one person at a time.

Most people never have to go to court or deal with the judge, she allowed. But when they do, you want the best person as judge – someone who will handle the case with compassion and with respect for the law. She noted that she had been endorsed by a lot of judges – judges in whose courtrooms she’s tried cases. She then listed off several of the judges who had endorsed her. She described judges who had endorsed her as coming from several counties across southeast Michigan where she has tried cases.

Jim Fink: Looking around the room, he said, there are very few people he didn’t know. He described himself as a native of Washtenaw County, born in Beyer Hospital in Ypsilanti. He graduated from Eastern Michigan University and the Detroit College of Law. He attended law school while he was a police officer working full-time. He attended classes sometimes during the day and sometimes in the evening, and was able to do that and still graduate summa cum laude, he said.

Fink has been practicing law in private practice for about 14 years, he said. But he’d spent 20 years doing police work before that. In his legal practice, he said, he is in virtually all the courts throughout Washtenaw County. And the judges he appears in front of, and the lawyers that he practices with, have all rated his candidacy highly, he said. Of the 10 local judges who have endorsed in this race – and who will be affected by the outcome of this election – nine have endorsed him, Fink said. The Washtenaw County Bar Association poll, whose respondents are attorneys who will be affected by the result of the election, rated him the highest among the candidates, he noted. Fink was also rated outstanding by the Women Lawyers Association of Michigan, he added. “I like to make things better,” he said. He does that in his practice and he would do that as a judge, he said. He loves the community and he loves the law, he said. And that’s why he’s running for judge, he concluded.

Judicial Temperament

Question: What does judicial temperament mean to you? If elected, what type of judicial temperament would you most like to convey?

Jim Fink: When he considers judicial temperament, he thinks about the way judges treat people and make people feel, and how they manage the cases that are before them in the courtroom.

Jim Fink.

What he would like to convey is a sense that the court cares what’s going on, that every one will have his or her day in court and will be heard and treated fairly – and that the outcome of the case will be based on the facts and the law, and not on any inappropriate external factors. Because it was mostly a room full of lawyers at the forum, he felt like he could characterize it as one of those things where you know it when you see it.

Fink felt like everyone in the room knew when they were in the presence of a judge who didn’t have a good judicial temperament. He thought he would be the kind of judge where people left the courtroom believing they received justice and were treated fairly and kindly, regardless of the outcome of the case.

Carol Kuhnke: She felt that judicial temperament has a lot to do with being patient enough to hear what somebody thinks they need to tell you. Sometimes the judge doesn’t need to hear everything that a litigant wants to be heard – but knowing that the judge is going to listen and pay attention and take stock of what’s being said is important. It’s important to lend the right gravitas to the matter that is before the court, she said. Everything that comes before the circuit court is something that is very serious to the person who is there. It might be a matter of who gets custody of the children during holidays, or whether someone goes to prison. Or there might be some disaster in your life that is affecting your ability to earn a living and to feed your children. So lending the right gravitas to the process that is before you is critical to a judicial temperament, she concluded.

Budgetary Challenges

Question: How do you perceive your role as circuit court judge in addressing budgetary challenges?

Carol Kuhnke: Most lawyers in the room, she ventured, would know that Washtenaw County is one of the few counties that was determined to have fewer judges than are actually needed in the circuit court. The Michigan Supreme Court undertook a study of courts around the state and determined that Washtenaw County needed another judge – as opposed to having too many judges, as was the case with some of the other counties in the state. The understanding among the judges on the Washtenaw County circuit court is that the five of them could handle the workload, and they decided not to burden the county and the state with that added expense of adding another judge. So she thinks that the next judge needs to be ready to handle that workload – knowing that according to the state supreme court, five judges are not enough.

The civil docket of the court reflects about half of the cases that are filed, Kuhnke said, but because civil cases are more motion-intensive, they take longer to resolve – so she feels that her experience with civil cases is important. She knows how to move cases long. With 20 years of experience as a trial attorney, she knows that there are ways to manage the docket a little bit better, to help cases resolve earlier – for example, through a more focused discovery program. It might be worth taking another look at a case after three months or six months instead of waiting for a year, she suggested.

Jim Fink: He observed that there are five judges on the circuit court and two probate judges. They are a team, he said, and they work together. And they work out the distribution of the docket. The budgetary concerns are negotiated with the county and judges work as a team in those negotiations as well. As a member of that team, he would work with the other judges, and he would work with the court administrative staff to make the budget the best budget the court can get.

The other part is to do the best you can with what you have, Fink said. He mentioned that furlough days for the staff have helped to save money, but on those furlough days, no work gets done, he noted. So even if the judge is in the office working, the staff is not processing paperwork. Making sure that the workflow for people who are doing the everyday work is the best that it can be will help things be more efficient, he said. It’s important to streamline work for employees so that they’re not duplicating efforts. He mentioned electronic filing as a way to make things more efficient – both for the consumer and for the court staff.

Experience with Types of Law

Question: The current docket for judge Melinda Morris consists of criminal and civil cases, and judge Timothy Connors’ current docket consists of civil and family law matters. The chief judge could reassign those dockets based on the experience and expertise of the judges who are elected. Could each candidate please speak to their experience in each of those types of law and how you feel your experience would help you as a judge on the bench.

Jim Fink: He stated that he has experience in virtually every kind of matter that will come before the circuit court. He’s done civil litigation, and he has a lot of experience with criminal law, both as a police officer and as an attorney. He practices in probate court and in the juvenile court, representing children who have been charged with offenses. He handles injunctive relief for municipalities, when they’re trying to abate a nuisance or defend against municipalities who are trying to stop a client of his from doing something.

Fink practices family law and has experience in pursuing and defending against personal protection orders. While some candidates have more experience than others, he allowed, his is a balanced practice. And his experience goes back further than his 14 years in private practice, and includes the time that he was working for the county as a police officer. He feels that that experience will prepare him to handle anything. He said that someone once told him it’s not so important that someone has done a particular thing, but that they have been successful in the things that they have done.

Carol Kuhnke: Most of her work has been in civil law, she said, but she’s also handled some divorces and some criminal matters. She has done everything that comes before the circuit court, she said. She characterized her civil experience as very solid as far as knowing how to manage that docket. Sometimes the civil cases linger, she said, and take up a lot more time and resources of the court than they need to. She said some cases have been resolved only after 10 years. Moving those cases along faster would be good for the civil docket – and that would also benefit the criminal docket, because it would free up judges’ time.

Kuhnke said she has a lot of experience with land use, pointing out her experience serving for 12 years on the zoning board of appeals for the city of Ann Arbor. She was appointed to that position initially by then-mayor Ingrid Sheldon and made chair of the zoning board of appeals by mayor John Hieftje. She’s also worked in the probate court with minors and people who are not competent, and has worked in the probate courts to work out what needs to be done in order to allow the case to move forward in the circuit court.

Experience with Trials

Question: What is your experience as a trial attorney? What’s your experience in civil versus criminal trials and bench versus jury trials?

Carol Kuhnke: She indicated no experience in criminal trials, but said she’d tried civil cases since she was licensed to practice law. The first trial she had was in 1994 in Chicago. She was given a file and sent to court, she had to try the case on her own. She was representing a young man, an eight-year-old boy, who was injured on city of Chicago property. The last trial she’d had was last month in Hillsdale, where she defended a nurse who’d been accused of malpractice.

Kuhnke has been trying cases all of her career – and all of them have been jury trials, she said. But some had a bench trial aspect to them. When you sue an entity that’s part of the state of Michigan, the case goes to the Court of Claims – the judge will decide the case against the state and the jury will decide the case against any individuals. So sometimes she has tried cases that have a bench trial and jury trial going on at the same time. She has tried cases all over southeast Michigan, she said.

Jim Fink: Like Kuhnke, most of his trial work has been civil as well, he said. Most of them have been bench trials. He’s also had criminal trials. He’s handled matters that have not gone to trial – involving injunctions or restraining orders or appeals from the district court. He suggested that he has had a unique view of trials, as the officer in charge or a witness in dozens, if not hundreds, of felony and misdemeanor trials. As a police officer, he has watched trials unfold in a different way than most lawyers observe a trial.

Vocation to the Field of Law

Question: Why are you a lawyer? Why did you choose this profession? As part of your answer, identify a mentor or a role model who ought to be credited with where you are today.

Jim Fink: He began by identifying a role model: “My dad.” His father, Bob Fink, had been a lawyer and a judge in Washtenaw County, and his brother Karl also had been a judge, he said. He then addressed an issue that he’d been hearing, which was: “Fink thinks he’s entitled to this because his father and older brother were judges.” That’s not the case, Fink stated. He’s earned the support he has. Nobody earned the ratings from the Washtenaw County Bar Association except for him. No one got the endorsements of the other judges in the county, except for him. But he said that his father and his older brother were great influences on him.

His brother was a lot older than he is, Fink said, and as a little kid he grew up loving the idea of being a lawyer. “I became a cop, because I wasn’t going to class.” You don’t get to be a lawyer without a law degree, he noted, and you don’t get to go to law school without an undergraduate degree and he wasn’t doing those things. So he took a little side trip, and when he matured a little bit he went back to school and pursued his original dream. He loved police work and enjoyed it, but practicing law was the thing that he planned to do as a kid.

Carol Kuhnke: Her parents are not lawyers, she began, adding that she did not interpret the question as a slam against Fink. She became a lawyer as a natural progression from her study of philosophy as an undergrad, she said. She noted that some people feel like you have to do something else if you major in philosophy – but she found philosophy to be such an intriguing discipline, and she loved studying problems and solving problems and understanding how words work, and interpreting the law.

It was a philosophy professor of hers, Louis Loeb, who told her that she ought to be a lawyer. “It’s his fault that I became a lawyer!” she quipped. As far as someone who’s inspired her, or who has been a mentor, she identified Michigan Supreme Court justice Alton Thomas Davis. [Davis has endorsed Kuhnke.] She knew him as a circuit court judge, and knew him when he was a judge on the court of appeals, and as a supreme court justice. She found him to be an incredible scholar of the law. He’s someone who knows and understands people. He’s someone who understands the power and the obligation of the court and its effect on people’s lives. She called him a wonderful human being and she hoped that she could be like him.

Argument for Yourself, Against Opponent

Question: What do you see in yourself – in quality or experience – that you would bring to the bench that’s either absent in your opponent or that you’d be better at than your opponent. What’s unique to you that you would bring?

Carol Kuhnke: She said her experience is much deeper than Fink’s. Not every case goes to trial, she said, but you have to work every case as if it’s going to trial. Another key difference that she identified: “I’m a woman.” There’s been one woman to sit on the circuit court bench, she noted, and that’s Melinda Morris. Morris is retiring, and out of the five circuit court judges, Kuhnke feels that there is room for a woman as one of them. She would not ask anyone to vote for her just because she’s a woman, she said. She feels like her experience and her character justify a vote for her.

The Women Lawyers Association had rated her outstanding for the job, Kuhnke noted. If it’s a draw between the two candidates – and she doesn’t think it is – she still feels like there is room to vote for a woman, so that there will be a woman’s voice represented on the court. As a trial attorney, she’s spent many hours and days on end in court or in depositions where she is the only woman in the room except for the court reporter. A lot of times she is mistaken for the court reporter, she said. She ventured that judge Morris herself has probably had the same kind of experience when she attends judicial conferences. A woman’s voice is important in all matters of society, she said.

Jim Fink: He stated that he’s not interested in doing a comparison to say why somebody should not vote for Carol Kuhnke. But he said there are some things that he felt had generated such broad support for him. People trust him to follow the law, he said, and to put personal feelings aside, and to leave politics out of the courtroom, to work hard and to do the job. For people who’ve been following the race at all, he said they know that his support comes from across the political spectrum. He cited his support from public defender Lloyd Powell and county prosecutor Brian Mackie. He noted that he’d also been rated outstanding by the Women Lawyers Association of Michigan. He was gratified that they’d done that because the easy, default position would have been to say that the man rates lower than the woman, he said.

Election Information

These candidates will be on the ballot for the Nov. 6 general election. To see a sample ballot for your precinct, visit the Secretary of State’s website. Additional information about local candidates and other voter information is available on the Washtenaw county clerk’s elections division website.

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22nd Circuit Judicial Race: Connors, Woodyard

Dave Askins — Mon, 29 Oct 2012 12:41:23 +0000

Earlier this month in the cafeteria of Bach Elementary School, four candidates for two spots on the 22nd Circuit Court fielded questions as part of a forum sponsored by the Washtenaw County Bar Association and the Old West Side Association. The nonpartisan judicial elections are for six-year terms.

Candidates for one of two races for judge of the 22nd Circuit Court in Washtenaw County: Tim Connors (left) and Mike Woodyard (right).

This write-up includes some of the responses of candidates in just one of those races, described on the ballot at the “incumbent position.” The ballot itself also labels the incumbent, Tim Connors, as “Judge of Circuit Court.” Voters on Nov. 6 will have a choice between Connors and Ann Arbor resident Mike Woodyard, who has worked for the last 10 years as an attorney in the Wayne County prosecutor’s office. Before attending law school, Woodyard worked for a time as a newspaper reporter.

Connors was initially appointed to the 22nd Circuit Court in 1997 by then-Gov. John Engler, a Republican, to replace judge Karl Fink – the older brother of Jim Fink, who is running in the other race along with Carol Kuhnke for the non-incumbent 22nd Circuit Court judgeship. Before making the circuit court appointment, Engler had previously appointed Connors in 1991 to a seat on the 15th District Court in Ann Arbor.

Vacancies created by resignations, like that of Karl Fink, are filled through gubernatorial appointments – but judges must stand for election at the first opportunity to serve out the remainder of the partial term. After being appointed in 1997, Connors stood for election in 1998, and then again in 2000 and 2006 for successive six-year terms. On each of those three occasions, Connors was unopposed, which is fairly typical for incumbent judges.

At the forum, that’s one reason Woodyard indicated he’s running for judge – not to run against Connors, but rather to provide voters with the kind of contested judicial elections described by Michigan law. It emerged during the forum that in law school Woodyard had taken a trial advocacy course taught by Connors, and had received an A in the class. Woodyard mentioned the class as helpful in one of his first trials, which resulted in getting a “live nude girls” establishment shut down.

The WCBA had prepared questions for the candidates covering standard topics like judicial temperament, experience and what led the candidates to consider a career in law. During the second part of the forum, questions from the audience were entertained as well. The requirement that all questions be suitable for all four candidates led to some grumbling – based in part on the fact that not all four candidates were running against each other.

Local attorney Peter Davis, who indicated he had a question just for Woodyard, responded to moderator Steve Borgsdorf’s enforcement of the rule by saying ”So you want softball questions?” Borgsdorf responded with, “No, they can be fastballs, but everyone’s got to get a chance to bat.” The analogy was apt, as at the time of the Oct. 16 forum, the Detroit Tigers baseball team was handing the New York Yankees a 2-1 defeat in the American League Championship Series.

Woodyard and Connors had previously participated in a candidate forum in June, prior to the Aug. 7 primary and hosted by the Washtenaw County Democratic Party. They also responded to five questions for inclusion on the 411vote.org website. Responses from candidates in the other race – Carol Kuhnke and Jim Fink – will be reported in a separate Chronicle write-up.

The campaign finance filing deadline was Oct. 26. According to documents filed with the state, Connors has raised $95,090 in contributions and spent $84,765. Woodyard’s campaign finance report shows contributions of $7,266 and expenditures of $6,830.

Introductions

Mike Woodyard: His background as a lawyer goes back about 10 years, he said. During that time, he has worked as a prosecuting attorney in Wayne County. He began working there after he graduated from Wayne State University. Before he attended law school, he worked as a newspaper reporter for a number of different publications around the country, he said. Before that he was self-employed and “making his way.” He graduated from Eastern Michigan University in 1997.

Mike Woodyard.

In the Wayne County prosecutor’s office he’s been assigned to a number of areas, Woodyard said. He began on a civil docket that he described as a “quasi-criminal docket” – where he handled nuisance abatement, asset forfeiture, and things of that nature. He moved from there to the domestic violence docket, and was then assigned to the child-abuse unit. He worked for six years with the child-abuse unit, where he developed a specialty in infant head trauma cases. Two years ago he was assigned to the public integrity unit, he said. That’s a small unit handling cases involving wrongdoing by public officials, including police officers, he explained.

Tim Connors: He began by noting the venue, which was the cafeteria of Bach Elementary School. He had attended Pattengill Elementary – another Ann Arbor school. He invited the audience to look at the map of the United States rendered on the back wall, saying it was really kind of neat – because we get all wrapped up in our lives and we lose sight of the things that are really important.

The context of the elementary school cafeteria brought home something that Connors thinks is really important to consider when people visit the courthouse – because it can be really impersonal and scary, he said. It’s important to make it feel like a safe haven for people, he said, and it’s important to keep our humanity.

It’s been a real pleasure to serve the legal community as judge, he said. He stated that Washtenaw County is the envy of most of the state’s legal community. That is not by accident, but rather by choice and design, he said. Washtenaw County has some of the best lawyers in the state, he contended, if not the nation. He counted himself as lucky to be associated with them. It has been a pleasure to serve as judge for the last 20 years and he hopes that with voters’ support he would be able to serve for another 12.

Judicial Temperament

Question: What does judicial temperament mean to you? If elected, what type of judicial temperament would you most like to convey?

Tim Connors: He said the most important thing is listening. He said he’s learned to listen – and not just to what is being said, but also to what is not being said. There’s usually something else going on, he said. It’s important to try hard to be patient, compassionate and caring. But in terms of temperament, listening is the most important factor, he concluded.

Mike Woodyard: The two keys to judicial temperament, he said, are being respectful and predictable. Showing respect is related to listening and hearing people. Being predictable is related to human nature. People are who they are. It would be his hope that when people come into his court, they would know that he would act in a predictable manner.

Budgetary Challenges

Question: How do you perceive your role as circuit court judge in addressing budgetary challenges?

Mike Woodyard: He began by saying that the financial challenges faced by the Washtenaw County Circuit Court are not unique. The trial court is funded through a blend of different sources, he said. The state provides salary and benefits, and the local entity provides the physical plant and other support.

The court system works with the county board of commissioners, he noted. The court has an understanding with the board that includes receiving a lump sum allocation, which it has to work with. That lump sum has been decreasing, he said, and projections through the year 2015 are that it will continue to decrease. So the idea of doing more with less involves improving various practices, cross-training staff and exploring other efficiencies, particularly with electronic and digital technology.

Tim Connors.

Tim Connors: He began by saying “I don’t think you can do more with less. I think that’s crazy. You can do less with less. And the question becomes what do you do with what you have.” He has a good history with judges in the county, he said. He’s handled every kind of case in every kind of courtroom in the county, he said. The flexibility and the work ethic among the judges allows work to be picked up and to be done so willingly.

As far as the budget goes, there will be a whole new group of nine commissioners after the election [down from 11 due to redistricting]. Having a personal relationship with the commissioners is important, so that they understand what the court does, he said. As judges, he felt that they need to fill the gaps. He suggested reaching out to law students to have them lend their efforts, given that there are two fine law schools right our own back yard, he said. Summarizing his thoughts in the budget, he said, “It is what it is.”

Experience with Types of Law

Question: The two seats on the court that are being contested are currently held by judges Melinda Morris and Tim Connors. Morris has a current docket that consists of criminal and civil cases, and Connors currently has a docket that consists of civil and family law matters. The chief judge could reassign those dockets based on the experience and expertise of the judges who are elected. Could each candidate please speak to their experience in each of those types of law and how you feel your experience would help you as a judge on the bench?

Mike Woodyard: He reiterated from his introductory remarks a description of his experience with the prosecuting attorney’s office in Wayne County – he felt he has a depth of experience in criminal law. What that teaches, he said, is not just the intricacies of the process of a criminal case – motions, trials, juries. It also teaches you a good deal about human nature, and how people behave one to the other, he said. Having spent some time in court, he’s come to learn a little bit about that.

With respect to the civil docket, Woodyard mentioned that he’d had an opportunity to handle a civil docket early in his career – dealing with assets foreclosure and nuisance abatement. He allowed that he did not have any specific experience in family law. But he observed that the child abuse cases that he’d handled as a prosecutor generally had a parallel case that was proceeding at the same time with the department of human services involving custody. And through that experience, he was able to gain an understanding of that aspect of family law.

Tim Connors: His docket is a civil and family docket, he noted. In the civil arena, he’s assigned a large portion of the docket because that is his specialty, he said. That was his background as a trial attorney. He said that Carol Kuhnke – in her remarks made in response to the same question – was exactly right about civil trials being complex and complicated.

He has been teaching civil trial skills for 19 years and he enjoyed that very much. In the area of family law, anyone has the right in the juvenile court to demand a judge, and if there is a demand for a judge, then he is that judge, Connors said. He’s also been involved with a specialized child welfare docket, he said, and he’s also very much involved in trying to bring peacekeeping principles to the family court. That’s been successful in the tribal community, he said.

Connor’s has become convinced over the years that advocacy in the family court is very different from advocacy in the criminal and civil court. He and his wife, Margaret Connors, have designed a class to teach at the University Michigan law school on that topic.

Experience with Trials

Question: What is your experience as a trial attorney? What’s your experience in civil versus criminal trials and bench versus jury trials?

Tim Connors: As a civil trial lawyer, he tried hundreds of cases, Connors said. He was proud of the fact that as a civil trial lawyer there was a no-fault case he’d tried that resulted in a new interpretation of the law that is still the law today.

Mike Woodyard: He said he tried about 100 cases. Most of them had been jury trials and some of them had been bench trials. When he was assigned to the civil docket in nuisance abatement, as an intern he had worked on a nuisance abatement for an old-fashioned “live nude girls”-type facility. It was one of the last such establishments like that in southeast Michigan, he said, describing it as a really filthy place. So as an intern, he was trying that case before judge Michael Sapala on the 3rd Circuit Court. The defendant brought in a high-profile defense attorney, he said, but the case all boiled down to the evidence. He said he was able to muddle through the rules and present the case, and the establishment was shut down.

Woodyard added that he owed a debt of gratitude to Connors, because he had taken Connors’ trial advocacy course at Wayne State University – and had received an A in the class. And he was able to take the skills he learned in that class and apply them to that case. He had experience in criminal cases, he said, and he had developed a real expertise in child abuse head trauma cases. Such cases are incredibly and extraordinarily complex, he said – involving a social work aspect, search and seizure issues, and access to medical records and issues of that nature.

Vocation to the Field of Law

Question: Why are you a lawyer? Why did you choose this profession? As part of your answer, identify a mentor or a role model who ought to be credited with where you are today.

Mike Woodyard: He began by saying that he did not have any lawyers in his family. He’s a lawyer because of his father, he said. But his father is not involved in the legal profession – rather, he’s a professor at Wayne State University. Ever since he was old enough to accompany his father to Detroit, his father would take him along to participate in programs involving food distribution or helping people in other ways. His father had taught them how important it is for people who are lucky – like all of the people in the room, Woodyard noted – to give back and to devote themselves to the improvement of others. So to that extent, he would identify his father as his role model.

Tim Connors: When he was growing up, he said, his mother was a TV anchor. And he recalled a TV program he participated in, when the moderator had gone around and asked all the kids what they wanted to be when they grew up. His answer was “a lawyer,” and his parents about fell over, he said. They asked him where that answer had come from. He told his parents that they’d never asked him that question. He said he had no idea why he wanted to be a lawyer, but for some reason he just had the sense that that’s what he was supposed to do.

Argument for Yourself, Against Opponent

Mike Woodyard: He stated that “I really appreciate the question and I will absolutely not answer it!”

Woodyard stated that he’s not running against Connors. Rather, he’s running because he’s qualified. He’s running because since 1954, Michigan law has contemplated contested judicial elections, he said. If the elections are not contested, he felt that sets up a disservice to the community.

If the community has an opportunity to look at his commitment to public service, and his commitment to justice and his commitment to the rights of people who appear before the court – plaintiffs, defendants or people in family court – and they think that Connors would do a better job, then they should vote for Connors, Woodyard said. But if people think he would be a person to better serve the community than Connors, then they should vote for him. Serving as judge is a terrific opportunity to give back to his community, Woodyard said, in a meaningful personal and professional way.

Tim Connors: He said he was taught that you shouldn’t talk about yourself and why you are better than somebody else, so he indicated he wouldn’t be elaborating more than that.

Judicial Bypass: Abortion

Question: An audience question came from local attorney Tom Wieder. Wieder noted that one of the matters that can come before the circuit court is a so-called “judicial bypass case.” Those are cases where a minor wants to have an abortion and cannot obtain the consent of a parent or guardian, he explained. There’s been about 125 of those cases in last four years, Wieder said, which were decided on the circuit bench. Wieder then framed a question specifically for Jim Fink: “Mr. Fink, you’ve been endorsed by Right to Life of Michigan, a condition of which is that you agree to oppose abortion except in cases where the life of the mother is at stake. Given that pledge, aren’t you effectively saying to any young woman who came before you in a judicial bypass case, unless her life were endangered, you would not grant a bypass?”

[Fink's response was essentially that he'd not pledged that, and is described in more detail in the separate report of his and Kuhnke's responses. Other candidates responded to the general topic of the kind of judicial bypass case that Wieder had highlighted.]

Tim Connors: He noted that on the 22nd Circuit Court, the waiver of parental consent questions are handled by judge Donald Shelton. Connors is the backup judge for those questions, Connors said. He noted that he had never turned down a request. In every case, he felt that there had been good counseling given – and because such cases were held in closed session, he did not want to provide a lot of details about those cases.

Mike Woodyard: He brought the question back to one of the keys that he identified for judicial temperament – respect. A young woman who has the courage to ask the court to support her decision deserves respect. The law sets up a model to be followed and it needs to be followed, he said.

Primary Elections: Reminder to Vote Aug. 7

Chronicle Staff — Mon, 06 Aug 2012 15:13:18 +0000

Tuesday, Aug. 7 is primary election day. To verify your registration, find your polling place, and even view a sample ballot for your precinct, visit the Secretary of State’s website.

Ann Arbor polling locations. Image links to Michigan Secretary of State website, where visitors can type in their names and find their exact polling locations.

Choices for most Washtenaw County offices will be easy for Democrats and Republicans alike – because many of the primaries are uncontested. Uncontested on either side of the ballot are races for prosecuting attorney (with no Republican on the ballot at all), county clerk and register of deeds, sheriff, and treasurer. Democrats, though, will have a choice will be between Harry Bentz and Evan Pratt to appear on November’s ballot as candidate for water resources commissioner. ["Who’ll Be Next Water Resources Commissioner?"]

Heavily contested is the countywide primary race for the 22nd Circuit Court judgeship, which will be open due to the retirement of Melinda Morris. Four candidates are competing for that position: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. The top two vote-getters in the primary will appear on November’s ballot. ["22nd Circuit Court: Four-Way Primary Race"] The judicial race is non-partisan, so all voters can vote on that race – no matter which side of the ballot they choose for the rest of their votes.

Most of the primary races for the county board of commissioners are uncontested as well. But Democratic voters in District 7 will have a choice between Andy LaBarre and Christina Montague. ["District 7 Dems Vie for Washtenaw Board"]

And in Ann Arbor city council races, Democrats will have choices in four out of five wards. In Ward 1 Sumi Kailasapathy and Eric Sturgis are competing for the seat that incumbent Democrat Sandi Smith will be leaving. ["Ann Arbor Council Ward 1: Eric or Sumi?" and "Ward 1 City Council Race: Filling Sandi's Seat"]

In Ward 2, Democrats will have a choice between Sally Petersen and incumbent Tony Derezinski. ["Ann Arbor Council Ward 2: Sally or Tony?"]

In Ward 4, the Democratic side of the ballot will offer incumbent Margie Teall and challenger Jack Eaton. ["Ann Arbor Council Ward 4: Jack or Margie?"]

And in Ward 5, the seat that will be left open by Democrat Carsten Hohnke is contested by Chuck Warpehoski and Vivienne Armentrout. ["Ward 5 City Council: Studying, Listening" and "Ann Arbor Council Ward 5: Chuck or Vivienne?"]

Long since passed is the deadline to register to vote in tomorrow’s election. But eligible voters have until Oct. 9 to register to vote for the Tuesday, Nov. 6 general election. Information on voter registration can be found on the Washtenaw County clerk’s elections division website.

22nd Circuit Court: Four-Way Primary Race

Mary Morgan — Sat, 30 Jun 2012 18:19:28 +0000

This year, five local judicial seats will appear on the Nov. 6 ballot. Incumbents will be running for four of those positions, and three of those incumbent judges – Cedric Simpson (14th District Court, Washtenaw County); Joe Burke (15th District Court, Ann Arbor); and Darlene O’Brien (probate court, Washtenaw County) – are unchallenged.

Mike Henry, co-chair of the Ann Arbor Democratic Party, moderated a June 23 judicial forum for the 22nd Circuit Court, hosted by the Washtenaw County Democratic Party. (Photos by the writer.)

The fourth incumbent – Tim Connors of the 22nd Circuit Court – is facing Mike Woodyard, an Ann Arbor resident and attorney in the Wayne County prosecutor’s office.

Another position on the 22nd Circuit Court is currently held by judge Melinda Morris, who is ineligible for re-election because of her age. The state constitution requires that judicial candidates at the time of election must be younger than 70 years old. The race for that non-incumbent judicial seat is a crowded one, with four candidates: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. All four will be on the Aug. 7 primary ballot as non-partisan candidates, with the top two vote-getters facing off on Nov. 6.

On June 23, the Washtenaw County Democratic Party held a judicial candidate forum in Pittsfield Township hall. A previous Chronicle report covered the panel with Connors and Woodyard, as well as a presentation by 46th District Court judge Shelia Johnson, one of three Michigan Supreme Court candidates endorsed by the state Democratic Party.

This report focuses on the four-way non-incumbent race for 22nd Circuit Court. Questions covered a wide range of issues, including metrics for evaluating judicial performance, views on significant Michigan Supreme Court decisions, and descriptions of each candidate’s judicial philosophy and temperament.

Circuit court judges are elected to six-year terms and run as non-partisan candidates. But partisan politics was a significant part of this panel discussion, spurred in part by a handout had been placed on chairs in the audience prior to the start of the forum, titled ”What Washtenaw Democrats Should Know About Jim Fink.” [.pdf of handout text] At the start of the forum, Cleveland Chandler, chair of the Washtenaw County Democratic Party, announced that the WCDP had nothing to do with the handout, and the other three candidates made that same claim.

Some of the questions posed to candidates – specifically related to reproductive rights and the right for gay couples to adopt – highlighted the differences between Fink and the other candidates. With his Republican affiliations, Fink acknowledged during the forum that if this were a legislative race, ”you would not even think about voting for me.” But he vowed to follow the law and set aside his personal views as a judge, and noted that he has broad support from both parties, as well as ”people who don’t care about partisan politics at all.”

While not mentioning Fink directly, the other candidates noted that values do inform judicial decisions, and implied or stated directly that their positions on issues would align with those of Democrats.

In very broad strokes, circuit courts are the highest type of trial court in Michigan, handling felony criminal cases and civil cases involving amounts over $25,000. There are 57 circuit courts in Michigan. Locally, the 22nd Circuit Court is more commonly known as the Washtenaw County Trial Court, and includes two divisions: criminal/civil and family. The family division includes the juvenile court, probate court, and Friend of the Court program.

Mike Henry, co-chair of the Ann Arbor Democratic Party, moderated the panel with questions written in advance by the audience.

This report organizes the questions thematically, but gives the candidate responses in the order they were presented.

Opening Statements

Jim Fink began by thanking the Democratic Party for inviting him to participate. He said he’s a lifelong resident of Washtenaw County, and grew up in Ypsilanti. He lives in the same neighborhood where his father opened a law office in the 1950s and where he and his wife raised their six kids. He’s been an attorney since 1987, after going to law school while working in the county sheriff’s department where he served for almost 22 years. He started as an hourly marine deputy, and retired as a police services division commander, spending most of his career in Ypsilanti Township.

As an attorney, Fink said he represents municipalities and small businesses, some criminal defendants, and real estate transactions. He said he has broad experience and broad support from Republicans, Democrats, and “people who don’t care about partisan politics at all.”

Erane Washington, candidate for 22nd Circuit Court judge, talks to Democratic Party activist Tom Bletcher at the June 23 judicial forum.

Erane Washington introduced herself as a University of Michigan law school graduate. Although she said she’s not a lifelong resident, she’s lived here since she was 11, going to school at Bryant Elementary, Scarlett Middle School and Huron High. She’s a first-generation college graduate – of Michigan State University – and a first-generation law school graduate.

Washington has been practicing law since 1993, with a diverse background of practice. That includes handling a lot of criminal defense work as a public defender for seven years. She then worked as a judicial attorney [for judge Donald Shelton] for another seven years, and more recently has been in private practice for the past five years. In the past two years her firm has handled over 700 cases, she said. Washington is past president of the Washtenaw County Bar Association, and noted that she has broad-based support.

Carol Kuhnke also told the crowd that she had lived in Washtenaw County most of her life, and grew up in Milan. She has lived in Ann Arbor for 16 years, and has practiced law for 18 years, pursuing justice for her clients in court, she said. It’s a great occupation and she’s passionate about it, Kuhnke said. She’s come to appreciate that the court is a place where everyone should have an equal voice. It should be the equalizer, but it isn’t always as perfect as it could or should be, she noted.

Kuhnke is seeking the position as judge because she knows she can help make the system a little more perfect, and can help a few more people achieve the justice that is promised to them by the law. She noted that she’s served on the Ann Arbor zoning board of appeals for 12 years, and also has served on the county board of election canvassers. Kuhnke mentioned that she has two children. She pointed to her endorsements by the UAW, several justices and judges, community leaders, and “a lot of the people in this room.”

Doug McClure said he was happy to be among Democratic friends, since he’d just come off of the first week of a two-week citizens lawsuit against a corporate polluter for a site in Saline. It’s been exhausting, he said. The judge in that case is a strong Republican and anti-EPA person, he said. The judge is fair, he added, but took a lot of convincing. McClure said he loves the law and has been practicing here for 22 years. He loves this community, and lives in Lima Township. He serves on the Washtenaw County brownfield redevelopment authority board, and is director at large for the Washtenaw County Bar Association. He’s also co-chair of the association’s public service committee. He teaches at Cooley Law School in Ann Arbor.

Every judge is sometimes assigned cases on issues that they don’t know much about, McClure said. So you need judges with agile, active minds, who want to understand what’s in front of them and who share your values – because in hard cases, he said, those values will inform their decisions. “I’m going to bring that to the bench,” he said.

Questions: Judicial System

Several questions posed by the moderator, Mike Henry, related specifically to the judicial system, including court decisions, the role of social service agencies, and possible metrics for evaluating judicial performance.

Some courts have adopted metrics to rate the quality of the judicial system. The state court administrative office is looking at such proposals. Is that a good idea? If so, which metrics are most important?

Washington: It’s very important to have a measurement system. Now, the focus is on whether cases proceed in an efficient manner, she said. Other than the public defense system, there’s not a review of whether the outcome is fair and just. Washington suggested finding a way to seek feedback from litigants about how they were treated in court. Another approach is to get information about pro se and pro per claims, as to whether they were handled fairly. Efficiency is very important, she said, but so is the outcome. It’s important that people feel they’ve been heard while they’ve been part of the judicial process.

Kuhnke: Saying she wasn’t familiar with the details of the proposal that had been mentioned, Kuhnke said it sounded very dangerous to her. The court of appeals is the place where incorrect decisions are corrected. The judicial tenure commission is the place to handle situations in which a judge has acted inappropriately, she said. The Michigan Supreme Court has handed down rules that limit judges’ ability to control their dockets. One example requires that every case be resolved within a year, or the judge is looked at harder by the supreme court’s administrative office, she said. That’s not the right way to manage the docket.

There are ways to help the court work more effectively and quickly, Kuhnke said, but to say that every case must be dealt with within a year doesn’t give a judge the proper authority, she said. Judges are elected, and their decisions are reviewed by the court of appeals and supreme court – and that’s where the review should be, she said.

McClure: An organization in this community – the Michigan League of Conservation Voters – did a study called the Green Gavels, McClure said, which focused on the environment. A University of Michigan law professor [David Uhlmann] and his students, along with MLCV staff, analyzed cases for the public – because people don’t generally read supreme court cases unless they’re having trouble sleeping, he joked. You can see how “green” judges are, based on their rulings. Those metrics are important, he said, and it’s a great project.

Fink: Saying he mostly agreed with Washington, Fink added that it’s important to monitor things, but there are a couple of concerns. The effectiveness and efficiency of a court are important, but each case is different. When a judge can’t move his or her docket, that can be a problem for the litigants – cases get backed up, and people are delayed in getting justice. On the other hand, some cases take longer.

Fink referred to an earlier panel with judge Tim Connors, who had mentioned a class action case that took 15 years to resolve. Part of the problem with metrics is knowing what to measure and how to give weight to those measurements, Fink said. It’s fine to collect data and use it, but you have to be careful about what you collect and what you do with that information.

What’s the proper role of social service agencies within the court system and how would you engage them?

Washington: Social service agencies play a valuable role in many areas, she said. The most important area is in the juvenile justice system, where such agencies play a role in helping parents and children as they go through that process. Agencies also play an important role in the criminal defense process, she said. Many people who are indigent come through the system, and have no means of complying with the orders they’ve been given. Social service agencies can help provide resources to comply, or at least send them in the right direction. These agencies are also important for dealing with mental health issues and drug addiction, Washington said, as well as for people who are in divorce court and need resources.

Kuhnke: Social service agencies are an important counterpart to a lot of the things that the court does, Kuhnke said, and Washtenaw County is fortunate to have the county board of commissioners’ strong support of social services. Everything is suffering from cuts, she noted, and everyone is looking to see how they can help a little more. The court is a great place to help people find the social services that they need and to make good use of everything that’s available. That’s important for litigants, victims – pretty much every individual who comes in contact with the court, she said.

From left: Doug McClure, candidate for 22nd Circuit Court judge, talks with local attorney Tom Wieder.

McClure: He agreed that social service agencies are very important. He said when he volunteered for the public defender’s office in judge Cedric Simpson’s courtroom, McClure was very impressed with how Simpson tried to make available opportunities for people to get out of the cycle of being in the criminal justice system. Simpson tried to get at the root of what some of the problems might be, McClure said, and would encourage people to take classes at Washtenaw Community College, for example.

As far as drug problems, which McClure noted is the source of a lot of crime, there are some good organizations locally that can help. A judge has the option of not bringing up that possibility, he said, or can make it a condition of probation and require it – if the goal is to get a person out of the criminal justice system. McClure also said he thinks that lawyers can do a lot in this regard.

Lawyers are supposed to do pro bono work, as a service to society, McClure said. As a director of the county bar association and on the public service committee, McClure said his efforts have been focused on that. He urged people to go online and look at the articles he’s written on that topic. [For example, a column by McClure was published in the Jan. 23, 2012 issue of the Washtenaw Legal News, titled: "Pro Bono Work Helps Us All."]

Fink: A lot of work with social service agencies happens at the district court level, not at the circuit court, Fink said, although circuit court judges are involved in criminal cases and sometimes family law. He cited some of the agencies he’s involved with, including the nonprofit Dawn Farm, where people can get counseling and treatment while they’re under probation to the drug court in the 15th District Court. [Fink serves on the Dawn Farm board of directors.] He said he’s also on the Michigan Domestic Violence Prevention and Treatment board, which administers state funds to programs statewide, including SafeHouse Center in Ann Arbor. Fink also mentioned that in Washtenaw County, there’s a program called JPORT – the Justice Project Outreach Team, where mental health workers will accompany people to court and help them through probation.

Which opinion of the Michigan Supreme Court in the last 20 years has been the most significant for Michigan jurisprudence, in a negative or positive way?

Fink: Noting that he’s “kind of a process and fairness guy,” Fink said the case that came to mind didn’t relate to a big case regarding the substance of law – it concerned process. [Maiden v. Rozwood] It wasn’t groundbreaking, but it clarified the issue of summary disposition, Fink said. Summary disposition means that a judge decides a case before it gets to a jury, Fink explained, based on the undisputed facts and the law. In this case, the Michigan Supreme Court clarified the rules of summary disposition and gave clear direction to the trial court judges and attorneys about when it’s appropriate for a judge to make that decision.

Washington: There are many significant cases, Washington noted, but she highlighted Kreiner v Fischer, which she said determined that if you’re injured in a car accident, you have to show that it substantially affected your livelihood. It had tremendous impact on the civil process, in terms of determining who could get past the summary disposition stage. For many people, it curtailed their right to have a civil case for auto negligence. That’s one of the most important cases, she said.

From right: Carol Kuhnke, candidate for 22nd Circuit Court judge, and Margaret Connors, a member of the Ann Arbor Democratic Party leadership and wife of Tim Connors, incumbent candidate for another seat on the 22nd Circuit Court.

Kuhnke: Alluding to the previous 22nd Circuit Court forum between Tim Connors and Mike Woodyard, Kuhnke said she wanted to speak to the issue of summary disposition. [Woodyard had stated that the majority of cases were handled through summary disposition, rather than a jury trial.] Kuhnke said she found that view to be patently wrong. The subtext of that view is that more than 50% of the cases are filed by lawyers who are filing frivolous cases, she said. That’s not so. Summary disposition should be an extraordinary remedy, she said.

To answer the question at hand, she said, there are so many cases that have come out of the Michigan Supreme Court in the last 20 years that have determined a person has no right to a jury, that it’s hard for her to say which one more significantly affected our judiciary and the rights of individuals in Michigan. Kreiner is one – and that case, she explained, involved a man who had multiple fractures in his spine and had not worked for six months. He was a builder who could no longer climb a ladder to get to a roof. When he ultimately got back to work, he could only work 4-6 hours a day. Yet the court ruled that he had no right to recover from the driver who rear-ended him and broke his back.

McClure: The case he cited was Lansing Schools Education Association v. Lansing School Board and Lansing School District. [The case restored a doctrine of legal "standing" that provides discretion to a court to determine that someone has standing to sue "... if the litigant has a special injury or right, or substantial interest, that will be detrimentally affected in a manner different from the citizenry at large or if the statutory scheme implies that the Legislature intended to confer standing on the litigant."]

In Michigan there are several statutes that use the words “any person may sue” – sometimes they’re called citizens suits, McClure said. The Michigan Environmental Protection Act is very broad in that respect. In the past, any person meant any person, he said. But the Michigan Supreme Court previously took that away. And as an indication of how political things can be, he said, when the political balance on court shifted, “we got that right back.” It’s an access to justice case, he said.

Questions: Personal Values, Political Leanings

A range of questions focused on personal qualifications, as well as each candidate’s position on certain issues like reproductive rights and political affiliations.

Why do you want to be a judge?

McClure: Until he can add value to the community overall, McClure said he didn’t think he could consider himself a success. He said he’s started to do that over the last 10 years in his practice and volunteer work. In addition to teaching and working with the Washtenaw County Bar Association, McClure said he takes cases from legal aid. As an example, he said he helped a woman who was losing her house to tax foreclosure.

A couple of years ago, he also volunteered with the public defender’s office, McClure said. “I want to bring that type of commitment to the bench.” Your shot at getting justice happens at the trial court level, he said, because most people can’t afford the cost to appeal a case. Through ways that might not be noticed, a trial court judge makes small decisions based on their values, he said, and that affects the outcome of a case.

Fink: He said he wants to be a judge because he loves public service, he loves the law and he loves this community. His experience as a police officer, a lifelong resident of Washtenaw County, and as an attorney gives him a unique set of skills for this position. He said he thinks that’s why he’s supported by such a wide variety of people, from Republicans to Democrats to people who don’t care about politics.

Washington: She noted that she’s a first-generation attorney. Her father wanted to be a lawyer, but he didn’t make it past eighth grade. So she decided that she wanted to be a lawyer. She’s seen that there are areas that need improvement, and that she can add value to the system. She had heard some complaints, and at some point decided that she needed to step up and do something. She said she thinks she can help to add integrity to the system. She believes she can help the system so that everyone can be heard. She wants the community to have access to resources. She wants to bring fairness to all people. Washington said she believes she can add diversity for the community that’s needed on the bench at this time.

Kuhnke: She said she’s spent 18 years pursuing justice for her clients through the court. She’s gone from thinking that being a judge is the most boring job to thinking it’s the most exciting. The court has a tremendous opportunity to impact people’s lives. It doesn’t have anything to do with being fair or unfair, or biased, but it’s knowing that the court affects people’s lives in such a deep way, she said.

A judge should ensure that people who come before you are heard, understood, and treated as individuals and human beings, Kuhnke said. You should provide the very highest level of justice possible to the people in your court, and understand who they are and where they came from. Kuhnke also believes diversity is important in the court, as well as in all levels of leadership in government. She said she looks forward to being the next judge of the circuit court.

Which judges do you admire?

McClure: He said he’s impressed with how much judge Cedric Simpson [of the 14th District Court in Washtenaw County] cares about people as they work through probation. McClure also cited U.S. Supreme Court justice Earl Warren, noting that Warren was a Republican governor in California before he was appointed to the court. Not only did he rule on the separate-but-equal decision of Brown v. Board of Education, but he got a 9-0 decision, “and that was his doing,” McClure said. And Warren wrote a decision that people could read – you could read it in a junior high school class from beginning to end, and understand it, McClure said. That’s one reason why the decision has permeated our society. Those are skills he greatly admires, McClure said.

Fink: In his office, Fink said he has a transcript of a case that’s being appealed to the Michigan Court of Appeals. Throughout the transcript, the judge addresses Fink’s opponent as “sir” or “Mr.” And when the judge asks the court staff for something, he says “Would you please get me this” and then says “thank you.” The person who lost the case went away knowing that he had been heard and treated respectfully. The judge happens to be judge Connors, Fink said. [Tim Connors, an incumbent running for re-election on the 22nd Circuit Court, had spoken on a panel earlier in the forum with his opponent, Mike Woodyard.] It was a case that Fink said he thought was frivolous, but the person got his day in court and was treated with great respect.

Fink also said he agreed with McClure about judge Simpson, saying that Simpson takes a personal interest in each case, whether it’s criminal or civil. Everyone who leaves his court knows that they’ve been heard and respected, Fink said, and that’s important. Later, Fink added that he admires his “big brother” Karl Fink, a former 22nd Circuit Court judge, and his father Robert Fink, who was a district court judge.

Washington: There are several people she respects, starting with judge Melinda Morris, because Morris was the first woman to serve on the circuit court in Washtenaw County. Washington also said she admires judge Donald Shelton. She knows that some people don’t like him and she understands that, but she admires him because he’s a very analytical and smart man. “He gave me an opportunity, and that’s why I’m sitting here today,” Washington said. She also admires judge Nancy Wheeler, the first female African American judge to be appointed to the Washtenaw County probate court – so Wheeler paved the way for her, Washington said.

Washington admires judge Tim Connors. She had her first bench trial in his courtroom, and he was very kind and considerate to her. Washington also mentioned Betty Widgeon, a former 14A1 District Court judge who was in the audience and had given Washington advice about running a judicial campaign. Finally, Washington cited U.S. Supreme Court justice Thurgood Marshall, saying that but for him, “none of us would be here today.”

Kuhnke: Her favorite judge in Michigan is justice Marilyn Kelly of the Michigan Supreme Court. Kuhnke said she’s sad for the residents of Michigan, who’ll be losing a terrific jurist this year due to an archaic law that prevents her from running again after she turns 70. “We all know that we’re productive and able to do the job long after 70.”

The flip side is that the same rule that’s removing justice Kelly is the one that’s allowing all four candidates of the open 22nd Circuit Court to be there today, Kuhnke said – that judge Melinda Morris isn’t allowed to run because she’s turned 70. In terms of local judges, Kuhnke said the county is lucky to have a very good circuit court bench. “I don’t always agree with all of them, but that’s the law and that’s litigation and that’s how it goes,” she said.

Tim Connors is one of the best judges in Michigan, Kuhnke said. She noted that when he handled the long and difficult trials for the female prisoners’ lawsuit against the state Dept. of Corrections, not only did he lose sleep, but he would throw up before going to court in the morning, she said. That demonstrates a deep passion for the law and for justice, she said. “I hope that I can be that good.”

How would you describe your judicial temperament and philosophy, and how do you stand out?

Kuhnke: The judiciary is co-equal with the executive and legislative branches, she said, and it’s not often given the respect that it deserves in terms of people knowing what goes on in the courts and who their judges are. The fact that so many people came to this forum on a beautiful Saturday in June is wonderful, she said. As far as her judicial temperament, her colleagues would describe her as calm, cool, collected and kind, she said. Those are the right qualities in a judicial temperament, she added – someone who is patient, who can listen and be considerate, and who can ensure that everybody is heard.

McClure: What he would bring to the bench is independence, he said. McClure said he’s not beholden or tied to a particular individual or interest group. That’s very important, he said. He described his temperament as one of patience, interest and curiosity about a case to get the right result. His philosophy is “Do the right thing.”

Fink: His judicial philosophy is that a judge should follow the law, even if the judge disagrees with the law. A judge is bound by the law and should apply it to the facts of the case, he said. His judicial temperament is that everyone should have equal justice under the law, Fink said. The best way that people can see how his temperament would be to ask people who knew his work as a police officer. He said he was known to be someone who is respectful, even to people he had to arrest or charge with crimes. Someone’s station in life should not make a difference as to how they’re treated. Everyone is entitled to respect and equal treatment under the law, he said.

Washington: Her judicial philosophy is that a judge has to follow the law. You apply the facts to the law, she said, and you reach a conclusion. You need to try to be as fair to everyone as possible. Her temperament is to make sure that the process is completely fair to everyone, whether it’s an individual or someone representing a corporation. Everyone needs to understand that they’ll be heard in court. Washington said she’ll be patient and kind, but there will be times when she needs to be direct.

Have you ever been disciplined, suspended, or disbarred from the practice of law, reprimanded by the attorney general, or brought before an attorney grievance commission?

All four candidates answered the same way: No.

Do you support a woman’s constitutional right to have an abortion?

Kuhnke: She responded by saying she is the product of an unplanned pregnancy when her mother was 19 – Kuhnke said she’s grateful her mother didn’t abort her. She’s also the parent of two adopted children whose parents didn’t want to raise them. She said she’s adamantly pro-choice.

McClure and Washington both said they are pro-choice.

Fink: Most people in the room would classify him as pro-life, Fink said. As a judge, he’d follow the law. The question had been phrased in an important way, he said – in that it’s a constitutional right, according to the U.S. Supreme Court. It’s not up to a judge to make the law or insert his or her personal opinions into things. “We have to follow the law,” Fink said. “That’s what I’ll do.”

Would you accept a campaign contribution from an organization like Right to Life or any group that opposes a woman’s right to choose?

Fink was the only candidate who answered yes.

Jim Fink’s political contributions are described in a handout that was distributed today. Where do your values lie in terms of supporting political candidates?

[By way of background, before the start of the June 23 forum, a one-page handout had been placed on the audience chairs, titled "What Washtenaw Democrats Should Know About Jim Fink." (.pdf of handout text) At the start of the forum, Cleveland Chandler, chair of the Washtenaw County Democratic Party, announced that the WCDP had nothing to do with the handout.]

From left: Cleveland Chandler, chair of the Washtenaw County Democratic Party, talks with Jim Fink, a candidate for 22nd Circuit Court judge.

Fink: He began by joking that if he ever reaches a point when he needs someone to write his biography, he might hire whoever wrote the handout. There are things in it that Fink said he didn’t know or had forgotten about. It’s incomplete, though, he said. Those who know him also know that he has supported Democratic candidates often, he said, including some people in this room, both financially and publicly.

Now that he’s a candidate for judge, there won’t be any partisan signs in his yard, Fink said, but he didn’t think there’s been an election cycle in the last 20 years when there wasn’t at least one Democratic sign in his yard. Two years ago, he supported Dave Rutledge. Four years ago, there was a Jerry Clayton sign in his yard, and there may have been others, Fink said. [Rutledge won a race for state representative in District 54; Clayton won the race for county sheriff. Both are Democrats.]

Those who know him also know that he’s been associated with the Republican Party, Fink said. If you didn’t know that, you could read the handout, he joked – it’s partially true. If you look at his website, you’ll see he’s supported by many prominent Democrats, Fink said. The reason is that people understand that judicial races aren’t legislative races, he said, “and they trust me.” On his website, he said, you’ll see pro-choice Democrats, Republicans and people who don’t care about politics. People trust him to set aside his personal opinions and follow the law, Fink said, which is what each candidate has to do, no matter which one of them is elected judge. He thanked Mike Henry for the opportunity to respond, and received a round of applause.

Have others supported Republicans?

Washington and Kuhnke: Both said they had nothing to do with the literature on the chairs, and had not supported any Republican candidates.

McClure: He began by saying “I’m not crazy about this whole question – Jim’s a good man and it’s a little too personal.” He said he votes Democrat and has been a lifelong Democrat.

Fink joked that McClure didn’t say he hadn’t distributed the handout, which drew laughter from the crowd. McClure replied, “I didn’t put that out.” Mike Henry noted that McClure also hadn’t answered whether he has supported Republican candidates. “Not that I remember,” McClure said. “You can check my voting records.”

Regarding the adoption of children by same sex parents: In Washtenaw County, we haven’t allowed two same-sex individuals to adopt. How would you deal with this in your courtroom?

Kuhnke: Same-sex couples should be allowed to adopt, she said. It’s important to encourage people to adopt, and to allow any committed couple to have a child. Kuhnke said she currently represents one of the partners in a same-sex relationship. The couple is trying to get both of their names on their child’s birth certificate. One partner was the egg donor, and the other woman carried and delivered the child. Only the mother who carried the child is listed on the birth certificate. The other biological parent hasn’t been allowed to have her name on the certificate, even though the couple is raising the child together in a committed relationship, Kuhnke said. That’s wrong – courts should allow same-sex adoptions, she said.

McClure: He believes same-sex adoptions should be allowed and encouraged. If a child can be placed in a loving relationship – “whether it’s lesbian, gay, bi-sexual, whatever,” he said – there shouldn’t be any legal impediment. If there is, he hoped the legislature would do something about it.

Fink: In Washtenaw County, same-sex adoptions are not currently allowed by court rule, he noted. If the law changes, he said, he would follow the law. If the law allows it, he would not prohibit it.

Washington: Same-sex adoptions should be allowed, she said, but at this point the rule in Washtenaw County is that they can’t be allowed. There was a time when it was allowed, she noted. That’s why voters should be very aware of who they elect as a judge, she said, because judges have the ability to speak with Michigan Supreme Court justices and administrators and set out rules that are specific to a court that would prevent this from happening. That’s what happened in this county, she said.

Some of the local judges lobbied to prevent same-sex marriages, Washington said. So it’s important that citizens are aware that the personal views of judges do affect outcomes in the court. She would support same-sex adoptions if it were to return as an option for the court.

Closing Statements

The panel concluded with closing statement from each candidate.

Fink: “You would not even think about voting for me if this was a state rep race,” Fink said. “I understand that, but it’s not.” It’s a judicial race, and he’s said he’s supported by many Democrats, including pro-choice Democrats, because they trust him to be someone who will follow the law and set his personal opinions aside. He noted that Janis Bobrin is an honorary co-chair of his campaign. [Bobrin, a Democrat, is the long-time county water resources commissioner.] Lore Rogers, a former ACLU litigation chair and an opponent of his brother Karl Fink 18 years ago, is working on his campaign, Fink said.

Fink told people that if they look at the list of supporters on his website, they’ll see he has broad support, which is what a judge should have. A judge should not be political, he said. A sitting judge told him recently that no matter what path a judge takes to the bench – whether appointed by a Republican governor, a Democratic governor, or elected – it stops at the bench and everyone gets equal treatment. “That’s my pledge,” Fink concluded, “and I’m asking for your support and your trust in that position.”

Washington: She said she was honored to be there, and honored to have the support of many people in the audience. It’s been a long haul to get to this point, she said. She’s qualified, and passionate about justice in this county. If elected, she’d set aside any Democratic leanings and apply the law fairly to each individual. She thanked the Teamsters, the 15th Congressional District Democratic Organization, and former Michigan Supreme Court justice Conrad Mallett for endorsing her. She also thanked her significant other who was in the audience, and her children, ages 16 and 22, for supporting her. “I hope to see you on the campaign trail, and I hope to get your vote.”

Kuhnke: She said she’s very excited to be running for circuit court judge. It’s an exciting race and exciting time in Washtenaw County, because it’s been so long since a new judge has been elected by the people. [Other judges were initially appointed, then subsequently re-elected as incumbents.] This is our opportunity, she said. Judge Melinda Morris is the only judge sitting on the 22nd Circuit Court who was originally elected to her seat, Kuhnke noted. The rest of the judges were appointed by governors.

No disrespect to judge Connors, Kuhnke added, but it’s nice once in a while to have a judge selected by the people. She said she’s worked for the people for 18 years, in Washtenaw County, Livingston County, Lenawee County, and many other Michigan counties, as well as all over the state of Illinois. She said she’s the people’s candidate. The judiciary is the third branch of government that belongs to the people, where the people come in and are heard and understood, and cared for in a fair way, she said. “That’s what the court should be, and that’s what I intend to do as a circuit court judge.”

McClure: God bless everyone who came out on a beautiful day to spend two hours hearing about summary disposition and things like that, McClure said. He’s grateful, because he wants people to pay attention to this race. The position of judge is one of trust. That judge will make decisions, and the community wants to know they can trust in that judge. “In a room full of Democrats, you can trust that I share your values and also that I know the law,” he said. McClure said he’d work hard to ensure that their values are represented in court and that the law is efficiently and correctly applied in a way that’s compassionate.

McClure also gave a “shout-out” to his wife Catherine McClure, who couldn’t attend the event. She started out as an independent, he said, but he turned her into not only a Democrat, but she now also works on the senate central staff for the 12 “lonely” Democratic senators in Lansing. She works very hard to get Democratic values some voice. McClure noted that the state senate minority leader, Democrat Gretchen Whitmer, is one of his supporters. He also cited Mike Garfield [director of the Ann Arbor-based Ecology Center] and Congressman Hansen Clark as other supporters, and concluded by thanking everyone for coming.

Election Information

The last day to register to vote for the Tuesday, Aug. 7 primary is July 9, 2012. Information on voter registration can be found on the Washtenaw County clerk’s elections division website. To see a sample ballot for your precinct, visit the Secretary of State’s website.

The last day to register to vote for the Tuesday, Nov. 6 general election is Oct. 9.

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22nd Circuit Court Race: Connors, Woodyard

Mary Morgan — Thu, 28 Jun 2012 22:00:32 +0000

Local and state judicial candidates were the focus of a June 23 forum hosted by the Washtenaw County Democratic Party.

Most of the two-hour session, held at the Pittsfield Township hall, was devoted to two 22nd Circuit Court races. Incumbent judge Tim Connors, who has served in that position since 1997, is being challenged by Mike Woodyard, an Ann Arbor resident and assistant prosecuting attorney for Wayne County.

Doug Kelley, a longtime Ann Arbor Democratic activist and member of the Washtenaw County Democratic Party executive committee, at the June 23 judicial forum in Pittsfield Township. (Photos by the writer.)

There is no incumbent running for another seat on the 22nd Circuit Court – because judge Melinda Morris is ineligible for re-election as she is past the statutory age limit of 70. Four local attorneys are vying for that judgeship: Erane Washington, Doug McClure, Carol Kuhnke and Jim Fink. Coverage of that candidate forum will be provided in a separate Chronicle report.

The four candidates for the open 22nd Circuit Court seat will compete in the Aug. 7 primary to narrow the field. The two candidates in that race who receive the most votes will advance to the Nov. 6 general election.

All other local judicial candidates are incumbents who are unchallenged, and will appear on the Nov. 6 ballot: Cedric Simpson (14th District Court, Washtenaw County); Joe Burke (15th District Court, Ann Arbor); and Darlene O’Brien (probate court, Washtenaw County). They did not take part in the June 23 forum. These non-partisan judicial races are for six-year terms.

At the state level, candidates for Michigan Supreme Court are also on a non-partisan ballot, but they are nominated by political parties. Three positions on the seven-member court will be contested on Nov. 6, currently held by Democrat Marilyn Kelly and Republicans Stephen Markman and Brian Zahra, whose eight-year terms end on Jan. 1, 2013. Kelly is not seeking re-election because she’ll be past the age of 70. Markman and Zahra are running as incumbents, and the third GOP candidate will be selected at a state Republican convention in September.

In March, the state Democratic Party endorsed three candidates for Michigan Supreme Court: 46th District Court judge Shelia Johnson, Wayne County Circuit Court judge Connie Marie Kelley, and University of Michigan law professor Bridget Mary McCormack of Ann Arbor.

Of the three, only Johnson, a Southfield resident, attended the June 23 forum, telling the crowd of about 50 people that this year’s Michigan Supreme Court race is an historic election, and a chance to reverse the court’s current 4-3 majority. It’s the most important race on the ballot, she said, because the court’s decisions – from reproductive rights to environmental protection to emergency managers – affect everyone’s lives.

This article includes Johnson’s presentation at the June 23 forum, but begins with a report of the first 22nd Circuit Court race between Tim Connors and Mike Woodyard.

22nd Circuit Court: Connors and Woodyard

One of the 22nd Circuit Court seats on the Nov. 6 ballot is held by incumbent judge Tim Connors, who has served in that role since 1997. He initially was appointed to the 22nd Circuit Court by then-Gov. John Engler, a Republican, to replace judge Karl Fink – the brother of Jim Fink, who is running for the non-incumbent 22nd Circuit Court judgeship. Previous to that, Engler had appointed Connors in 1991 to a seat on the 15th District Court in Ann Arbor.

Connors is being challenged by Mike Woodyard, an Ann Arbor resident and attorney in the Wayne County prosecutor’s office.

Circuit court judges are elected to six-year terms and run as non-partisan candidates. Requirements include being a qualified voter, a resident of the judicial circuit in which they would serve, and an attorney who has been licensed to practice law for at least five years.

In very broad strokes, circuit courts are the highest type of trial court in Michigan, handling felony criminal cases, civil cases involving amounts over $25,000, and civil appeals from administrative agencies. There are 57 circuit courts in Michigan. Locally, the 22nd Circuit Court is part of the Washtenaw County Trial Court, and includes the criminal/civil division and family division (juvenile court, probate court, and Friend of the Court program).

At the June 23 Democratic forum, Connors and Woodyard were each given 90 seconds for opening statements, followed by a series of questions asked by moderator Mike Henry, co-chair of the Ann Arbor Democratic Party. Both candidates ended the session with closing statements.

This report presents the candidate responses in the order they were presented.

Mike Woodyard, candidate for 22nd Circuit Court judge.

Opening Statement: Woodyard

The role of government is primarily to ensure the safety and well-being of citizens, Woodyard said. His belief is that the 22nd Circuit Court discharges that obligation primarily through the administration of the criminal justice system.

Woodyard noted that during this campaign, people will likely hear a lot of claims about experience. But he wanted them to remember that in terms of advocating for victims of crime, of standing up in court for those who have been hurt by criminal wrongdoing, “my experience is second to nobody.”

For 10 years he’s been an assistant prosecuting attorney in Wayne County. In that time, he said he’s investigated and issued about 800 criminal arrest warrants, and he’s tried about 100 cases, most of them felonies. He’s appeared in front of 27 different circuit court judges and in 20 different district courts.

Woodyard said he’d bring his passion and commitment to justice to the courtroom when he’s elected. [Link to Mike Woodyard campaign website]

Opening Statement: Connors

Connors began by thanking the crowd for the privilege of serving them for the last 21 years.

Tim Connors, incumbent candidate for 22nd Circuit Court judge.

He said he takes the job very seriously because the decisions affect people’s lives, oftentimes profoundly. But he tries not to take himself too seriously, because a judge needs to bring a measure of humor and compassion to the situation.

On the 22nd Circuit Court, Connors said his work covers the civil and family docket, not the criminal docket. The cases he hears involve disputes between individuals and organizations, or between different organizations in the community. The family docket is a microcosm that, he said.

Connors said he believes that judges should be healers of controversy. The law should help and restore, not hurt. The powerful and the powerless should have an equal playing field in the courtroom, he concluded. [Link to Tim Connors campaign website]

Mike Henry, the forum’s moderator and co-chair of the Ann Arbor Democratic Party, then launched into a series of questions submitted by the audience.

What’s your philosophy regarding a person’s right to a jury trial versus instances where summary disposition (a ruling made by a judge) is appropriate?

Connors: He said he holds the right to a jury trial very dear – it’s one of the greatest things about the American system. A number of other countries are now considering using jury trials on a limited basis. Some representatives have come to the University of Michigan law school to learn about that, and have come to local courtrooms to observe, Connors said. He’s had Korean judges from the Korean Supreme Court come over and sit in on a jury trial to learn about it. It is a fundamental right that makes the U.S. legal system the best, Connors said.

Woodyard: In the civil justice arena, the vast number of cases are disposed of through summary disposition, he said. Decisions by the judge are made based on law, and are decided before a case goes to jury trial. In cases where there’s a genuine question of fact, he said, the defendant is entitled to a trial. Of course, a jury trial is a fundamental right, he said. In the criminal arena, there’s no such thing as summary disposition, he noted. Most cases are set on a trial track. However, recognizing the responsibilities of the judge when addressing summary disposition is important, he said, because most civil cases are disposed of in that manner.

What activities best demonstrate your commitment to civil rights, equality and justice? Give specific examples.

Woodyard: He cited his work on behalf of the Democratic Party. As an example, Woodyard pointed to his volunteer work as a poll watcher/challenger. In the 2008 election he worked at a poll in northwest Detroit. He said he was there from the time the polls opened at 7 a.m. until they closed that night, and described it as a great opportunity to see democracy in action.

Connors: Looking at the work he’s done is the best way to demonstrate his commitment to these issues, Connors said. He handled a class action lawsuit for 15 years involving the treatment of 800 female prisoners in the state Dept. of Corrections that had been sexually abused by guards. He referred forum attendees to an appellate decision about it that they could read. [The high-profile case, Neal et al v. MDOC, resulted in a class action settlement.] Most of his work now focuses on child welfare, and he said he’s fought hard for the rights of American Indians not to have their children taken by the state. There’s a specialized docket for that in Washtenaw County, he said, noting that he’s worked closely with justice Michael Cavanagh of the Michigan Supreme Court to improve the tribal/state court relations.

What Michigan Supreme Court opinion in the past 20 years has been the most significant to Michigan jurisprudence in a negative or positive way?

Connors: In a positive way, Connors cited the recent In re Morris and In re Gordon decision, a unanimous ruling by the Michigan Supreme Court – “Do you know how rare that is these days?” he asked. Connors described the decision as telling trial court judges if they don’t follow the federal Indian Child Welfare Act, the case goes back to the trial court and they do it over again. That is an incredibly important decision, Connors said, to make sure that the state’s trial court judges handle those cases correctly.

Woodyard: Woodyard didn’t give the name of the case, but described it as a criminal case relating to protections against double jeopardy, and what a prosecutor is permitted to do when a judge – without authorization – grafts an additional element onto the proof requirement. [Woodyard was referring to People v. Evans.] That decision sets up the prosecutor’s right to try a case according to the law, he said, not what a judge thinks the law is. A second case he cited was People v. Watkins, regarding a man who had sexually abused several children. Woodyard said the case came out of the Wayne County prosecuting attorney’s office and affirmed a recent legislative enactment that allows other acts of child abusers to be introduced against them at trial. It gives the prosecution an important tool, he said, allowing a prosecutor to argue that a person is disposed toward sexual attraction to children.

Which of the current or past Michigan Supreme Court justices do you most admire?

Woodyard: He cited Patty Boyle, who served on the Michigan Supreme Court from 1983 to 1998. Woodyard said she’s a graduate of his law school alma mater, Wayne State University. She had been a prosecuting attorney and U.S. attorney in Detroit, and was involved in the court system at a time when it was hard for women to get ahead, he said. She had been appointed to the federal bench, then ultimately to the Michigan Supreme Court. When she was a prosecuting attorney in Wayne County, she spearheaded an effort to rewrite sexual assault laws to benefit victims, Woodyard said. Her work clarified the law to allow victims to have their day in court, he said.

Connors: On the Michigan Supreme Court, Connors said he greatly admired justice Michael Cavanagh. He’s known Cavanagh for 21 years and worked closely with him. [Cavanagh, a Democrat, was first elected to the Michigan Supreme Court in 1982. His current term ends Jan. 1, 2015.] On the U.S. Supreme Court, Connors cited William Brennan. Brennan served over 44 years with a number of chief justices who weren’t always thrilled by his views, Connors said. But Brennan was able to convince others of his position and write significant opinions during his tenure.

Have you ever been disciplined, suspended, or disbarred from the practice of law, reprimanded by the attorney general, or brought before an attorney grievance commission?

Both Connors and Woodyard gave the same answer: No.

Why do you want to be a judge?

Woodyard: His experiences as a prosecuting attorney have profoundly shaped him, Woodyard said, especially the opportunities he’s had to meet and get to know people who are at an extremely dark moment in their lives – through no doing of their own. He’s learned that a judge has a profound effect on the way that justice is administered – through demeanor, judicial disposition, and the inherent biases that everyone has. His hope is that he’ll be able to serve the people of Washtenaw County in a way that evokes his commitment to those innocent victims.

Connors: Connors reported receiving a call from a judge in whose court he’d appeared. Connors didn’t know him well, but the judge said he admired Connors’ work. Connors reported that the judge wanted to recommend Connors to the governor to replace him, and wondered if Connors minded. “I wasn’t expecting it, but I was touched – it just happened, and here I am,” Connors said. [Connors was first appointed judge of the 15th District Court in Ann Arbor in 1991 by then-Gov. John Engler, a Republican. Engler later appointed Connors to the 22nd Circuit Court position in 1997.]

What’s your background as a student? How did you work your way through school?

Connors: Initially Connors was uncertain about what kind of response was expected, and wondered how far back he was supposed to go – high school? Mike Henry clarified that it wasn’t necessary to go that far back in his work history. Connors reported that he had spent a year in New York City, bartending at an Irish pub. He also cleaned stalls for his aunt and uncle for years, did yard work and an assortment of other jobs that he couldn’t recall.

Woodyard: There was about a 13-year period between high school and getting an undergraduate degree, Woodyard said. During that time he worked primarily as a self-employed house painter, but also did some bartending and waiting tables. He attended classes sporadically, but said he finally put his nose to the grindstone and got an undergraduate degree from Eastern Michigan University. He said he graduated with merit, and worked at the school newspaper, the Eastern Echo.

What kind of car do you drive?

Woodyard: A 2011 Chevy Cruise, which he noted had just been the subject of a recall. “If you see a car on fire in the parking lot, that’s probably mine.”

Connors: A Chevy Silverado. [Mike Henry expressed approval at these answers, noting that both candidates drove American vehicles.]

What are the most important challenges as a judge, especially in considering how to handle both sides of a case?

Connors: The biggest challenge is ensuring that both sides of a case feel they’ve been heard and listened to. That can be difficult if there’s an imbalance of power, and if one side has more resources or a stronger personality. You have to make sure there’s an even playing field. That’s a big challenge, and stressful. He recently had an attorney comment on the negative energy and psychic tension in the courthouse. When Mike Henry followed up by asking if there was ever a time when a case kept him up at night, Connors responded: ”Are you kidding? Has there ever not been a night?” At the end of the day you go home and say you did the best that you could, Connors said. But you also say, “I bet I could have done better. You try to get a good night’s sleep, get up and do it again.”

Woodyard: What Connors said is largely correct, Woodyard stated – he didn’t disagree at all. A judge has the Sisyphean task of dealing with competing, antagonistic advocates. When he was sworn in at the Wayne County courthouse, his father came to the ceremony. Afterwards, his father asked how he could stand to come to work in that building every day – it’s unremittingly antagonistic. A judge has to preside over that somehow, Woodyard said. A judge has to make sure both sides of the case are heard, but the overriding concern is that justice is served. Keeping an eye on justice for the defendant and the victims of a crime is important, he said.

Closing Statement: Connors

Connors began by thanking the crowd for the privilege of allowing him to serve. He believes what’s done in the courtroom affects the community in profound ways – not just the people who are in court, but also the community’s health, whether people have confidence in the community. Going forward, he said he plans to spend the rest of his career trying to improve the child welfare system. “We don’t look too good right now.” It’s under federal oversight in this state, he noted. Connors said he’s had preliminary discussions with the county sheriff, school board members, and deans of the law schools. The plan is to develop a pilot program that’s pro-active to help the community’s youth before they get into the system, Connors said – he’s very proud of that. He said he looked forward to the support of individuals at this forum, and hoped he could continue to serve – it’s been his honor to do that.

Closing Statement: Woodyard

Woodyard said he was happy to hear about Connors’ interest in protecting children – they share that interest. Woodyard cited his background as a prosecutor primarily in the child abuse unit, and his work on a statewide panel that reviews the deaths of children in the state’s protective services and foster care system. He’s seen firsthand how essential the consent decree was – a reference to the federal oversight that Connors had mentioned – and how important it is to move beyond that. He said he’s been fortunate to find a calling in the law, and he has a passion for justice and for those who’ve been hurt, especially kids. It’s his sincere hope that this is something he can continue to develop and grow in this community.

22nd Circuit Court: Coda

After the session with Connors and Woodyard ended, an audience member asked that the moderator, Mike Henry, “push a little harder” on the important issues of the day. The speaker said he had no idea where either candidate stands on the issue of reproductive rights, for example. He said he knows it’s hard to be a moderator and ask tough questions, “but please do.”

For the second panel of 22nd Circuit Court judicial candidates, Henry asked candidates about reproductive rights, among other issues. That panel coverage is handled in a separate Chronicle report.

Michigan Supreme Court Election

Candidates for the Michigan Supreme Court will appear on a non-partisan ballot on Nov. 6, vying for three seats on the seven-member court. Those three seats are currently held by Democrat Marilyn Kelly and Republicans Stephen Markman and Brian Zahra, whose terms end on Jan. 1, 2013. Kelly is not seeking re-election because she has passed the age of 70 – the state constitution prohibits people over 70 from being elected or appointed to a judicial office.

Justices are elected for eight-year terms. Unless they are incumbents, candidates for Supreme Court are nominated by political parties. The current court has a 4-3 Republican majority of Markman, Zahra, Mary Beth Kelly and chief justice Robert P. Young, Jr. Democratic justices are Marilyn Kelly, Michael Cavanagh and Diane Hathaway.

Republicans Markman and Zahra do not need to be nominated – their status as incumbents allows them to appear on the ballot simply by filing an affidavit of candidacy. They will be identified on the ballot as incumbents. Both men initially got their positions on the court through appointments by Republican governors. Markman was appointed by Gov. John Engler in 1999, and subsequently elected as an incumbent. Zahra, a Northville Township resident, was appointed by Gov. Rick Snyder in 2011, and will be seeking his first re-election as an incumbent.

The Republican Party will make Supreme Court nominations at a convention in Grand Rapids on Sept. 7-8. Seeking a GOP nomination are Oakland County Circuit Judge Colleen O’Brien and Michigan Court of Appeals Judge Jane Markey.

At its March 10, 2012 convention, the state Democratic Party endorsed three candidates for Michigan Supreme Court: 46th (Southfield) District Court Judge Shelia Johnson, Wayne County Circuit Court Judge Connie Marie Kelley, and University of Michigan law professor Bridget Mary McCormack.

McCormack, an Ann Arbor resident who is co-director of the Michigan Innocence Clinic, had attended a Jan. 16, 2012 meeting of the Ann Arbor Democrats, where she and other local judicial candidates met with potential supporters. [See Chronicle coverage: "Aspiring Judges Visit Ann Arbor Dems."]

Michigan Supreme Court Election: Shelia Johnson

McCormack and Kelley did not attend the June 23 Washtenaw County Democratic Party forum. The only candidate for that race who spoke at the forum was Johnson.

Shelia Johnson, a candidate nominated by the state Democratic Party for Michigan Supreme Court.

Johnson, a Southfield resident, told the crowd that they might remember her from the 2010 race, when she also ran for a supreme court seat. This year, she said, she’s one of three candidates who received the Democratic nomination – they’re calling themselves “The Supremes.”

Johnson described her background, reporting that she’s serve as district court judge for about 10 years. The 46th district serves the communities of Southfield, Lathrup Village, Bingham Farms, Beverly Hills, Franklin and Southfield Township. Before that she was in the community working for the average person who didn’t have a voice, she said. She graduated from the University of Michigan law school, then served as a clerk in federal court – and that’s where she said she learned to understand the balance of being a good judge. Later, she worked in private practice, doing both civil and criminal litigation.

Johnson noted that Michigan’s current Supreme Court is split 4-3 with a conservative majority. She referred to a list of court rulings posted on her campaign website, saying that most of the rulings are tilted to the right. The court isn’t in the middle, where the people of Michigan deserve it to be, she said. Justices should be from diverse backgrounds and make rulings based on the law, not on special interests or political agendas, she said.

All three of the Democratic supreme court candidates are running to make a change, Johnson said, and to ensure that people get a fair shot. Even if a decision doesn’t go your way, you should still feel like your side was heard. All three of the Democratic candidates have a total of more than 78 years of legal experience, she noted, on both sides of the bench.

Decisions on the Michigan Supreme Court trickle down and affect every individual in the state, Johnson said, and individual rights are being limited. That includes women’s rights in the workplace, environmental protection, and the right to try to recover damages in an auto accident.

Johnson told the crowd that there’s an opportunity to take three seats on the Supreme Court, and make a change. It’s an historic election, she said. Even though the presidential race is important, the supreme court race is the most important one on the ballot. If elected, the three Democratic nominees would bring a balanced view to the court through 2020, she said. If not, it will be more of the same.

A 2008 University of Chicago study showed that the Michigan Supreme Court had the worst reputation in the country, Johnson said. [This frequently-cited study specifically ranked the Michigan Supreme Court last in the category of judicial independence, for example.]

The Supreme Court rules on many issues, she said, from women’s reproductive rights, the emergency manager law, redistricting – even font size on a petition. Johnson cautioned that as a candidate, she has to be neutral and can’t comment on how she’d stand on a particular issue – that wouldn’t be appropriate. But people need to know that they share the same broad-based philosophy, she added. ”I’m one of those people you can trust. I have your backs and best interest in mind.”

When you think of justice, Johnson said, the image of Lady Justice with the balanced scales comes to mind. Lady Justice wears a blindfold, she said, and doesn’t have a peephole in it to see what the special interest groups want. Johnson asked the crowd to help put the blindfold back on Michigan jurisprudence, so that it can be the best system possible now and into the future.

Michigan Supreme Court Election: Shelia Johnson – Q&A

There were only two questions for Johnson from the audience. The first question related to Johnson’s childhood. Johnson said she grew up in Detroit, though she spent a few years in the south – her mother’s family is from Mississippi, and her father is from Tennessee. But she went to school in Detroit, attended Cranbrook Kingswood, attended Dartmouth College, then returned to Michigan to attend the University of Michigan law school. She was a U.S. District Court law clerk in Grand Rapids, then worked in private practice for 18 years before being elected to the district court.

The second question was posed by Thomas Partridge, who had earlier introduced himself to the crowd as a Democratic candidate for state representative in District 53 (Ann Arbor). [Partridge is challenging incumbent Democrat Jeff Irwin, who is seeking his second two-year term.] Partridge’s question related to Johnson’s commitment to helping people gain access to affordable housing, health care, education and jobs.

Johnson noted that of the three branches of government, it’s the legislative branch that has the ability to pass laws affecting those issues, especially jobs. Of course, she said, the experiences and backgrounds of supreme court justices do come into play when they are considering cases that relate to these issues. Justices don’t leave their humanity at the door. But they still have to follow the law, she said. Personally, Johnson added, she is fully aware of those problems. She won’t lose her conscience or common sense when she takes the bench, but there needs to be balance, she said.

Cleveland Chandler, chair of the Washtenaw County Democratic Party, wrapped up the presentation by urging people to tell their friends to turn over the ballot on Nov. 6 and vote for the Democratic candidates for Michigan Supreme Court. ”We can’t get the governor this year,” he said, “but we can get Supreme Court!”

Election Information

The last day to register to vote for the Tuesday, Nov. 6 general election is Oct. 9.