by Cynthia Price
Legal News
The judicial races in Muskegon County, with the Aug. 2 primary deciding which two judges will go on to oppose each other come Novem-ber, have been a bumpy ride.
First, there is the sheer number of candidates. Two openings result from mandatory retirements of both Judge Neil Mullally and Judge Andrew Wierengo who are over 70 and prevented by law from running. Between the two, there are no fewer than nine candidates.
Also, “ratings” that recently came out were mired in controversy. According to candidate Josh Elden-Brady, he received a request from what purported to be the Muskegon County Bar Association’s Bench/Bar Committee, and a follow-up call “on behalf of” the MCBA.
However, the MCBA website indicates: “The Bylaws of the Muskegon County Bar Association state, ‘No commercial interest of any candidate for public office shall be endorsed directly by the Corporation, or by an officer or individual member representing the Corporation,’ which is why the Bar Association has not taken any position on elections or candidates.”
Several of the candidates declined to participate in the interviews, citing for example the fact that the person running the panel, David Shafer, is the partner of one of the candidates. At least two of the five candidates who declined communicated to the committee why they were not coming.
Yet even those candidates who did not come because they found it unethical were rated – and all of them got low rankings.
Nonetheless, the actions in this controversy in Muskegon did not come from the candidates themselves, and should not be construed to reflect on them.
The following presents the candidates for District Court in an informational way (see below for Probate Court candidates). There is no endorsement or evaluation implied. All judicial candidates participated.
Also, please note that the candidates are listed in alphabetical order.
Joshua Stewart EldenBrady. EldenBrady is a general practice attorney who works in both civil and criminal matters, for both plaintiffs and defendants, in collections, employment, real estate, and family law cases. His undergraduate degree is from Michigan State University, and he has a Master’s in Elementary Education. He has worked as a long-term and short-term substitute teacher. His law degree was earned at Thomas M. Cooley Law School; he is currently studying for a Master of Laws degree at Western Michigan University-Cooley, specializing in Michigan Municipal Government. He lives in Muskegon with his wife and two young children.
When asked why he would urge people to vote for him, EldenBrady responded, “I think we need more local representation. We have ten sitting court judges and with the exception of Judge Pittman, who recently moved to downtown, they live in other parts of the county. It contributes to a feeling in the community that we have outside people coming in and doesn’t make people feel the court is representative of them. Secondly, I feel I have more recent experience in the District Court than the other candidates. I have a full range of recent experience in all the types of cases the District Court sees... I work in eight or nine District Courts around the area.
Number 3, prior to working as an attorney I was an educator. I’m the only candidate who has both court experience and, let’s call it, behavioral management in an educational context. A significant part of the discretionary power of a judge comes in sentencing. One of the absolutely critical pieces of that is differentiating the reason the offense occurred. Some-one who broke the law might have a drug problem or mental health issues. That’s not to say that any of those factors remove culpability, but they need to be taken into account in an appropriate sentence. Should they be sentenced to rehab or to work in a community payback program? I think my background as an educator has prepared me to make some of those decisions.”
Why does he want to be a judge? “I believe that it’s absolutely critical that we have someone in a judicial position who can look at every person in front of them as just that, as a person, and can fairly make the decisions that need to be made while still taking into account the individual circumstances, who can hear people out and make sure everyone who comes in front of the court feels that they’ve been heard even when the outcome is not what they might have wanted. I feel I can do that.
“As far as judicial temperament, there are a couple things that stand out to me. One is first and foremost to follow the law, and to do that you have to hear enough of the case to make the decision. I believe almost every judge I’ve practiced before has done a good job of that. But second, even if you’ve heard enough to make the decision that’s not enough unless you haven’t heard as much as the person speaking has a need to say. Of course, the court has time restrictions, but I believe it’s absolutely critical that judges listen enough to make sure the parties in front of the court feel that they’ve had a chance to present what they needed to, even when they lose. Going back to my classroom management experience, I would almost never tell someone that what they feel is wrong. I would say, ‘I understand why you did what you did and I understand why you feel like you do, but the rules are the rules.’ I think that piece of temperament is also critical, that ability to relate to people and to communicate well. In the District Court, it’s not the heinous stuff, it’s people making mistakes, and part of that judicial temperament is letting them know you understand and communicating that this is the price for making mistakes – communicating that it’s not a condemnation of them.”
Paula Baker Mathes. Mathes also received her law degree from WMU-Cooley Law School – in 1993, after attending Tulane University in New Orleans for her Bachelor’s in Spanish and international relations. She was an attorney in Colorado before starting at the Legal Aid agency in Escanaba. Following that, she worked for many years in the Muskegon County Prosecutor’s Office, first as the head of the family court division (among other responsibilities), then as the chief narcotics prosecutor, including serving as representative to the Sobriety Court. After a couple years at Potuznik, Carrozza, Wilson, Fisher and Pannucci, she joined the Muskegon County Public Defender in 2012.
She is in the Women’s Division Chamber of Commerce, the Big Brothers Big Sisters Lunch Buddy program, and is a former board member of the West Michigan Symphony.
She responded to the question “What makes you especially qualified for this position?” by saying: “I’m a practicing attorney, and as an assistant prosecutor and a defense attorney, I have tried, handled, or resolved any type of case that the District Court Judge would handle – murder cases, many other types of life offenses. The District Court is where the initial bond is set on offenses. But I’ve also handled shoplifting, driving on suspended licenses, small claims-type actions, landlord-tenant.
“The main reason I’m running is that for over seven years I’ve been working on the Sobriety Court probation team with Judges Wierengo and Closz. I started when I was first in the prosecutor’s office and when I left the judges asked me to stay on. I’m quite passionate about it. It’s not like they’re going scot-free, it still holds them accountable. But I think it’s a good investment that has excellent results. The changes that we see in individuals who successfully take the program are tremendous. I decided I want to run for this seat, so it will continue.”
When asked about what makes a good judge, Mathes said: “With this many years of experience, I’m quite familiar with judicial temperament and its effect on cases. There’s a great deal to be said for a consistent and calm demeanor. I appreciated the most those judges who have the open minds to listen and give you a fair day in court. I think that with my experience representing the victims in cases and also representing the defendants, I understand how these processes affect families and individuals. I will be able to be fair to both sides in the courtroom.”
Geoffrey T. Nolan. Nolan has been an attorney for 15 years, litigating in all types of courts throughout Michigan, including the Court of Appeals. He is a partner in Nolan, Nolan and Shafer, and has represented defendants in criminal felony and misdemeanor cases, plaintiffs and defendants in civil cases, personal injury victims in cases from under $25,000 up to millions, family law and guardianship/conservatorship clients, and juvenile offenders. He received his B.S. in Criminal Justice from Western Michigan University, and his J.D. with honors from MSU-Detroit College of Law in 2001.
He, his wife Britt and their three children live in Norton Shores, where he is active at Churchill School. He also was a board member for Love INC of Muskegon and the Greater Muskegon Jaycees, and is very active in legal professional organizations.
When asked what makes him stand out in this contest, he replies: “I believe I’m the only candidate that has any real experience in anything other than criminal. Most think of District Court as the criminal court, but it is a lot more than that. I think I have the widest range of experience, and I think I have the right temperament for it.”
Nolan is very proud of his endorsements, and says, “I’m also the only one who has the endorsement of the prosecutor, and of a number of judges as well.”
He comes from a family of attorneys and judges. He adds, “I donate my time and money to lots of things in the community, including a lot you’ll never hear about, because that’s the way I was raised. My parents taught me, and I’m teaching my kids, that it’s right to be charitable and giving.”
When asked why he wants to be a judge, Nolan says, “I’m pretty much the only candidate who has to take a pay cut to take this job, so people should understand that I’m doing it to serve. There’s nothing worse than being in front of a judge who treats people poorly. I want to do what’s best for our community. I like Muskegon County and I want to see it as a place people want to come to.”
And what about judicial attitude? “I think it’s important that you have judges who are calm, are fair, and are willing to give people the time needed. I’m used to staying at the office as long as I need to to get my work done, so if I have to stay at court later to get everything done, I will.”
Al Swanson. Swanson grew up in Fruitport, graduated from Fruitport High School, and joined the Mich-igan Army National Guard while still attending high school. He graduated from Grand Valley State University in 1993 and returned to law school while still in the National Guard. After law school, he opened his own law practice, and has been in Muskegon Heights for the past 18 years. He became a JAG officer in 2000; he recently retired from the military after 29 years.
Here are the questions the Examiner asked and the answers he gave.
What is distinctive about you that would make someone want to vote you in as a judge? ”With Judge Wierengo retiring, Muskegon needs a dedicated and committed candidate who can expand the programs that Judge Wierengo began. Experience matters. Since 1998 I have managed my own law practice, so that means I am also a small business owner. I know what hard work is. I know the law, and I will follow the law as judge. People from all walks of life enter Muskegon’s courtrooms every day, and they deserve to be treated equally and with respect.”
Why do you want to be a judge? “It is crucial that Muskegon has impartiality on the bench. Even in a small town like Muskegon, politics can be big. I don’t subscribe to those politics. If I am elected, the people of Muskegon can rest assured that they are walking into a courtroom that is fair, impartial, and focused on justice.”
What are your opinions about judicial temperament, judicial philosophy or attitude, judicial behavior? “As judge, my role is to listen to all of the evidence and make decisions based on that evidence and the law. Judge the evidence, not the people. Along with practicing nearly two decades as an attorney right here in Muskegon, I served our U.S. Military for 29 years. Experience, dedication, commitment, and service is exactly what Muskegon needs in the next District Court Judge.”
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