Judge aims to provide equal justice and access to everyone

By Jim Stickford
Legal News

Patricia Perez Fresard, chief judge of the Third Judicial Circuit Court of Michigan in Wayne County, will be presented with the Detroit Bar Association’s Dennis Archer Public Service Award on November 14 at the Detroit Yacht Club.

The coveted honor is named after former Detroit Mayor Dennis Archer, a past president of the American Bar Association. As this year’s honoree, Fresard joins an illustrious list of winners that has included the likes of former U.S. Senator Carl Levin, the U.S. Court of Appeals Judge Damon J. Keith, former Michigan Governor Jennifer Granholm, and U.S. District Court Judge Avern Cohn.

Fittingly, Archer will be among the speakers at this year’s event, which also will be highlighted by remarks from Detroit Mayor Mike Duggan.

Fresard – who was born in Ecuador, and moved to Metro Detroit with her family – said her father was a firm believer in public service and that she is humbled to receive the award as a representative of the Third Circuit Court. The court has partnered with the Detroit Bar Association to support Pro Bono and Self-Help Services for Wayne County residents to ensure equal justice for all.  

“I grew up all over Metro Detroit, and my dad did a lot of fellowships all over. I even spent fourth grade in Ecuador,” said Fresard. “Despite both my parents being in medicine, I was never pressured into going into medicine. My father believed in gratitude for opportunity by serving this country and community and instilled in me a desire to contribute and to serve.”

After initially considering a career in social work, Fresard attended the Detroit College of Law (now Michigan State University College of Law) because she would be able to follow her father’s example and use the law to help those in need.

“Founding Father John Adams said that we are a nation of laws, not people,” said Fresard. “As a lawyer I would be able to provide many people access to justice. We are all fragile and fallible. The law should direct us to integrity and not power.”

In the early stages of her career, Fresard worked in the Macomb County Prosecutor's Office, primarily handling child abuse cases. In one case, a 7-year-old girl had been qualified as competent to testify as a witness in a case of incest and the case was bound over to circuit court. During the jury trial, the judge dismissed the case citing incompetence because the child had a difficult time sitting still in a swivel chair in the witness seat across from the man that she was testifying against.

“The jury had already been impaneled so double jeopardy applied,” Fresard said, noting that the case was thus dismissed precluding an opportunity to retry. “It was then that I decided to run for judge.”

Fresard lives in Wayne County with her husband, Donn Fresard, also an attorney. They have three grown children and three grandchildren.

Elected to the Wayne County Circuit Court bench in 1999, Fresard started out in the court’s Criminal Division.

“I tried more than 500 cases and was instrumental in establishing Wayne County’s drug court,” Fresard said. “I transferred to the Civil Division in 2012 and started serving as presiding judge in 2016. I was appointed as chief judge pro tem in 2019. I have served as chief judge since January 1, 2023, and I was the first Hispanic chief judge in the court’s history.”

One of Fresard’s goals as chief judge has been expanding access to justice. She has worked with Fran Yturri, her former judicial attorney (J.A.), who now serves as deputy general counsel for the Third Circuit Court, to expand the court’s Self-Help Center, which is funded in part through a grant from the Michigan State Court Administrative Office.

“This grant allows the court to fund three full-time ‘navigators’ who assist self-represented litigants in all kinds of cases,” she said.

The navigators are not lawyers and don’t give legal advice. Rather they help litigants navigate the complexities of the legal system using the michiganlegalhelp.org web page. In 2023, approximately 7,800 people used the service.

As a judge, Fresard has worked to make sure that justice is available to everyone. As part of that effort, she has worked with the Detroit Bar Association, which holds clinics every month to fill the gap between pro bono and “low” bono cases. There are many people whose income is too high to qualify for pro bono help, but still can’t afford a lawyer.

These clinics provide help regardless of income. The clinics are staffed by volunteer lawyers. The Detroit Bar Association even has an award for these lawyers, and Fresard attends the awards ceremony. But she is also quick to point out that as a judge she must be neutral and can’t be seen as advocating for any particular program.

“The court’s goal is one of access to justice,” Fresard said, “for all who need it, which also fits with the goal of the Detroit Bar Association.”

Fresard also has worked to improve the efficiency of the court system through better use of technology such as Zoom. This was done, in part, because of the COVID-19 protocols the court had to implement during the 2020 lockdown.

New technology helped keep things running, but once the lockdown was over, the court faced a backlog of criminal cases, she indicated.

“We’re committed to both remote and in-person services by judges whose presence in courtrooms demonstrates our dedication,” Fresard said.

“One of the greatest gifts of being a judge is being able to separate violent defendants who should be removed from society from those who need help to find the right path toward a better future.

This saves money and help people become better parents, better citizens,” said Fresard.

This hasn’t been easy, she indicated.

“We’re the largest court in the state,” Fresard said. “We have 59 judges and at one point about 500 staff. But COVID put a dent in our staffing levels, and we were affected by the ‘Great Resign’ just like a lot of other enterprises.”

In the wake of the pandemic, a number of staff members decided to retire, Fresard said, while others decided they liked working from home. Staffing levels were as low as about 300. She credits the Human Resources Department for increasing the number of employees to well over 450. Fresard said she is proud of the court and the people who work there.

“I have great colleagues,” Fresard said. “They are a great team. The newcomers and the veterans with 20, 30, or even 40 years of experience have worked hard and allowed the court to restructure.
That’s quite an accomplishment.”

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