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Frequently Asked Questions
What is a Circuit Court? Circuit Courts are created under the Michigan Constitution and have jurisdiction over certain legal matters within a county. Generally, the cases in these Circuit Courts consist of: (a) all civil cases (lawsuits) in which the amount in controversy exceeds $25,000; (b) family law cases (e.g., divorce, custody, adoption, juvenile abuse and neglect, juvenile delinquency and personal protection orders); (c) felony cases; and (d) appeals from district (municipal) courts and administrative agencies. The Oakland County (6th) Circuit Court has 19 judges who are divided into a civil/criminal division and a family division. These judges are elected county-wide and serve for six-year terms. The civil/criminal division of the Oakland County Circuit Court has 14 judges, and the family division has 5 judges. What are some of the critical issues currently facing Oakland County Circuit Judges? Some of the most pressing issues facing Oakland County Circuit Judges currently are docket management and jail overcrowding. On average, each judge in the civil/criminal division presides over approximately 345 civil cases and 70 criminal cases. In criminal cases, each defendant has a constitutional right to a speedy trial. The Michigan Supreme Court has ordered that 75% of civil cases be completed within one year, and that 100% be completed within 2 years. Accordingly, a Circuit Court Judge should be knowledgeable in different areas of the law in order to process cases effectively and fairly. Jail overcrowding has resulted in the early release of some incarcerated individuals from the Oakland County Jail. In order to avoid that problem, circuit court judges need to consider alternative sentencing, such as tethering. The biggest problem facing the Court is docket management, causing cases to be delayed. I will address this problem by running an efficient courtroom. I will be on time and prepared. I will set a high standard of professionalism, expecting others to be on time and prepared as well. I have practiced law before many different types of Judges. My goal is to combine the best qualities of several judges and create a courtroom where people are heard and justice is served. Should judges consider jail overcrowding in their sentencing decisions? Yes. Although the judiciary functions independently, a judge should be aware of what resources are realistically available. A judge should make every effort to address the underlying cause of a defendant's criminal behavior (e.g., drug or alcohol abuse) before sentencing a defendant to jail. Home tether is a great alternative to jail in that it restricts and punishes a non-violent offender at low cost to the state. Are there current programs in court you would improve on or discontinue? As a prosecutor, I learned very quickly that alcohol and drug abuse play a significant role in criminal behavior. I am a strong believer in alternative sentence programs such as: intense substance abuse counseling, work release and home tether programs. I would use alternative sentence programs whenever appropriate. For juvenile offenders, I believe early intervention is essential. I have also seen tremendous benefits when defendants volunteer at facilities where they get a sense of perspective about their lives and their role in the community. In the family division, judges should minimize the traumatic effect of divorce on children by using co-parenting plans being successfully implemented in other jurisdictions. How would you speed up the process of going through the court system where cases often can take months or years to be resolved? I will run an efficient courtroom. I will be on time, prepared and make a genuine effort to make correct legal decisions. I will read what lawyers and others submit and listen carefully to all participants. I will surround myself with staff that adheres to my philosophy of service in the courtroom. I will also insist lawyers be on time and prepared to avoid unnecessary delays. I will identify those cases that may be resolved early through alternative dispute mechanisms (e.g., mediation) and use my powers to implement those processes. How you would handle juvenile offenders who come before you for violent crimes? Would you sentence them as adults or juveniles if given a choice? I believe judges should have a certain amount of discretion with respect to the imposition of sentences. Whether I sentence a defendant as a juvenile or adult would depend on the unique facts and circumstances of the case. In sentencing, I will consider the nature of the offense, the attitude of the offender, the life experience of the offender and the input of the victim. A first-time offender who seems to understand what went wrong and shows genuine remorse may be a candidate for juvenile sentencing. A repeat offender who takes no responsibility for his behavior and shows no desire to change will be sentenced as an adult. I will always remember that a primary purpose of sentencing is to protect law abiding citizens from criminals. If you had an opportunity to sentence someone to a treatment program instead of jail, under what circumstances would you do that and when would you not? I will look at each case individually to decide whether to impose traditional jail time or an alternative sentence in a treatment program. First, I will determine the primary purpose of the sentence in each case. Obviously, jail is intended strictly as a punishment. Jail is appropriate for the repeat offender who has had the opportunity for treatment and shows little desire to change. In other cases, a realistic goal is rehabilitation. A person who has an understanding of the role his or her addiction or anger has played in his or her poor decisions is a good candidate for a treatment program. Thorough screening by the probation department will be important in the imposition of an appropriate sentence. |
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