GENESEE COUNTY, MI – A pair of contested judge races in Genesee County will narrow down the fields for November.
Four candidates — attorneys Torchio W. Feaster, Heather Burnash, Glenn Cotton, and Tabitha M. Marsh — are running for a seat in 67th District Court, 5th Division, while three candidates — attorney Chris Christenson, District Judge Herman Marable Jr., and attorney Stephanie Witucki — are up for a spot in the 7th Circuit Court.
The top two vote-getting candidates from each nonpartisan race will move forward to the Nov. 3 general election.
In other races, Probate Judge Jennie E. Barkey and 67th District, 1st Division Judge David J. Goggins are running unopposed.
Two candidates for 67th District, 2nd Division judgeship — Jessica J. Hammon and Dawn M. Weier — are already moving forward to November.
MLive Media Group has partnered with the League of Women Voters of Michigan to provide candidate information and other voting resources to readers ahead of 2020 elections.
Each candidate was given a list of questions relevant to the office for which they are campaigning. The voter guide can be accessed at vote411.org.
All responses in the voter guide were submitted directly by the candidate and have not been edited by the League of Women Voters, except for a necessary cut if a reply exceeded character limitations.
Here is how each candidate responded to the questions.
7th Circuit Court
What attributes/qualifications do you possess that make you the best choice for this court?
Chris Christenson: During my 20-year career I have practiced at every judicial level in Michigan, and I have had the opportunity to learn from Judges across our State. That experience, especially in the Circuit Court level, has shown me great, innovative ways to run a courtroom, and target areas that courts can improve to better serve residents in a more fair and equitable fashion.
Herman Marable Jr.: I will bring experience, fairness, commitment, integrity, and diligence to the Circuit Court bench. As a Flint District Judge for 20 years, and 9 years as a prosecutor, I have more experience than any other candidate. Making fair decisions as a judge is truly a skill that takes years to develop. I have been fully engaged in the community, and that connection has made me a better and more effective judge. There is no substitute for the community and legal experience I bring to the courtroom. I will not have to “learn” how to be a judge. For the first time ever, there are no judges who live in Flint (our largest city) on the Court, the entire county should be represented at the table.
Stephanie Witucki: I would be the best choice for this court because the Judge who is retiring is a family court Judge and I have extensive family law experience. I have spent the last 20 years of my legal career in family law, half of which was spent in private practice representing my clients’ interests and the other half in a quasi-judicial capacity as a family-domestic division referee presiding over family law matters from a Circuit Court docket. I also have personal experience as I, myself, was a young child of divorced parents. I was born and raised in Genesee County, have lived here the majority of my life and I, along with my husband of 25 years, have been raising our children here.
How could the judicial system better serve the public – in cost, in service, and/or in outcomes? Explain your goals.
Chris Christenson: The court system must be more efficient and respectful of the public’s time. As Judge, I will work to accomplish this goal by promptly and consistently taking the bench – encouraging participants to work through their disputes to narrow the issues and providing decisions in an expeditious manner. Using tools such as Alternate Dispute Resolution and Mediation the courts can encourage participants to work to resolve their differences earlier in the process, saving them time, money and stress.
Herman Marable Jr.: As a Flint District Judge, we faced 2 financial emergencies for our funding source, (City of Flint) many mid-year budget cuts, staff layoffs and the elimination of Probation services. Now, as our court system faces the new reality of operating during a pandemic and recession; with backlogged dockets; a reduced capacity to operate; and almost certain budget cuts to come, it is critical we have battle tested judges who have experience in serving the public under less than ideal circumstances. Working with state court officials, we must use virtual technology, specialty dockets, and other tools to serve the public. COVID is a watershed event that will force changes that will impact our courts indefinitely.
Stephanie Witucki: One goal of mine and a way that the judicial system could better serve the public, especially given the current environment, is to expand the use of on-line mediation options. For example, I recently participated in a MI-Resolve Domestic Relations Expansion focus group with members of the State Court Administrative Office as well as Judges, Friends of the Courts, and other Domestic Relations public servants, like myself, to discuss how this service could potentially be expanded to include a parenting time mediation option and also a child support calculation component. Offering more expansive services, such as this, would reduce back log for the courts and would save time and money for the litigants.
What do you perceive as the greatest challenge(s) to justice/public accountability? Why?
Chris Christenson: Transparency is the greatest challenge to justice and accountability. We can go a long way to restoring the confidence in the court system by being completely transparent and showcasing the integrity of the courts. This begins by providing the public with the tools to confirm that fair and equal justice apply to everyone. Access to justice is a must to ensure accountability.
Herman Marable Jr.: There are access issues for low-and moderate-income users to our courts. Many litigants cannot afford an attorney. Courts must be accessible to all whether you are rich or poor. Jail overcrowding has long been an issue as many with felony warrants are not lodged at the Genesee County Jail. The impact of COVID on the justice system will require new methods of operating for safety and efficiency. At the end of the day, it is critical that justice and Constitutional rights are not sacrificed in this changing environment.
Stephanie Witucki: A significant challenge to carrying out justice is a lack of resources or sufficient personnel (both judges and support staff) to process their caseloads in a timely fashion. When people don’t see justice being carried out timely, whether it is because it takes too long to get a hearing date or because it takes too long to get an order issued, it tends to foster a greater overall distrust of the judicial system as a whole. This presents challenges and frustration for both sides, the judges and court staff as well as the public.
To your knowledge, have the courts established any benchmarks to determine if they are effectively meeting the needs of their jurisdiction? If yes, how often should they be reviewed or shared with the public? If not, should they be put in place and shared? Please explain.
Chris Christenson: The Supreme Court Administrator does set and track benchmarks for courts to follow however, the information is not easily ascertainable. We can do a better job of keeping the public informed by making information about the process of the courts readily available. We should review these benchmarks quarterly and make adjustments. Access to the court system and monitoring the effectiveness and efficiency of the court should be available to everyone.
Herman Marable Jr.: The State Court Administrator’s Office (SCAO) uses a benchmark system for Michigan courts. Each court typically publishes related data on a dashboard on court websites for public view as required and monitored by SCAO.
Stephanie Witucki: The Michigan Supreme Court State Court Administrative Office (SCAO) previously took on the initiative of implementing performance measures in courts around the State of Michigan. Case age rates and clearance rates were identified as important measures. A manual was developed containing eight best practices to improve upon these areas. All courts were encouraged to use this manual and the practices suggested therein, including conducting a case load management review, establishing early control, early judicial involvement, promoting party and attorney preparedness, providing credible trial dates, trial management, conducting a regular review of court statistics, and ongoing education and training. The results of these best practices should be reviewed annually to gauge performance and improvement.
67th District Court, 5th Division
What attributes/qualifications do you possess that make you the best choice for this court?
Heather Burnash: I am a proud, lifelong Flint resident. Five generations of my family have called Flint home. I understand the struggles facing Flint residents, because I am dealing with those same challenges. My children tested high for lead, my pipes have yet to be replaced. As a cancer survivor and small business owner, I understand hardship and hard work. I have a master’s degree and have served as both a prosecutor and defense attorney. I am fair, open minded, conscientious and treat everyone equally with dignity and respect. I have spent almost every single day practicing in District Court.
Glenn Cotton: My knowledge and experience in the law for over twenty five (25) years makes me the best choice for this Court.
Torchio W. Feaster: I respect Flint’s rich history and I have dedicated my career to contributing to its future. I choose to return to Flint to pursue my legal career so that I could serve the city that raised me and gave me the opportunity to succeed. I have worked in the prosecutor’s office, as a judicial clerk and now as a criminal defense attorney. In addition, I am the only candidate who has quasi-judicial experience. I created the City of Flint’s Blight Court and I have served as the Blight Court Judge. I hear cases on blight and enforce city ordinances designed to eliminate our city’s blight problem.
Tabitha M. Marsh: I ran for judge in 2018 and I received 53,381 votes in that race. The success of my prior judicial campaign is a demonstration of my work ethic and viability as a judicial candidate. I am dedicated, diligent, and business minded. I am also highly organized, extremely detail-oriented, and able to work on multiple projects and transactions simultaneously. I am comfortable leading in a variety of settings. I am also a sharp and effective communicator with strong leadership and interpersonal skills. I have strong morals and ethics, integrity, and I am naturally energetic, involved, and visible.
How could the judicial system better serve the public – in cost, in service, and/or in outcomes? Explain your goals.
Heather Burnash: Courts can best serve the public by having judges that live in the community they represent, who understand the dynamics, the specific challenges of the community, because they are there every day, invested in the community. Judges must always be aware of the demands on attorneys that are appearing, the stress that plaintiffs and defendants are experiencing and the costs to the taxpayers. Specialty Courts have been exponentially more successful than traditional punitive sentences. Judges must be open to considering sentencing alternatives, while being mindful of the impact on victims.
Glenn Cotton: The judicial system could better serve the public by its transparency. The court should be fair and just. Fines and costs should be made on a case by case basis. People should be treated with dignity and respect.
Torchio W. Feaster: The current system demonstrates a lack of respect for the time of those participating in the legal process. I would plan to stagger the appearances in my courtroom so that all parties could more efficiently plan their days. In addition, the judicial system could work harder to reduce recidivism. I would utilize my experience from leading community organizations and volunteering to forge partnerships with groups that would help make offenders in my court less likely to return to crime and more likely to evolve into productive members of society.
Tabitha M. Marsh: I think that the judicial system needs to always be representative of the people it is serving. This will help eliminate issues with implicit bias, racism, and sexism. I am also of the opinion that, absent unusual circumstances, cases should progress through the legal system in a timely manner. In addition, we need bond reform to consistently address the issue of bond to ensure that people are not housed in the jail unnecessarily. Lastly, we need to be proactive about how to address the generation that was poisoned by lead.
What do you perceive as the greatest challenge(s) to justice/public accountability? Why?
Heather Burnash: Poverty. My public defender clients are all low income, unemployed or homeless and without the resources to pay for an attorney, let alone paying a bond, paying for a tether or drug tests, court fines, costs, restitution, etc. Many of them come to me for tickets such as “no proof of insurance/registration.” These tickets often arise out of one’s lack of resources rather than a disregard for the law, particularly in Flint, where our insurance costs are double that of other cities. Understanding these financial barriers to success is pivotal as a judge presiding over someone’s fate.
Glenn Cotton: Communication is the greatest challenge to justice/ public accountability. Without the proper flow nothing gets done.
Torchio W. Feaster: The current system demonstrates a lack of respect for the time of those participating in the legal process. I would plan to stagger the appearances in my courtroom so that all parties could more efficiently plan their days. In addition, the judicial system could work harder to reduce recidivism. I would utilize my experience from leading community organizations and volunteering to forge partnerships with groups that would help make offenders in my court less likely to return to crime and more likely to evolve into productive members of society.
Tabitha M. Marsh: I believe that social injustice is the greatest challenge to justice. We cannot ignore the social unrest that is taking place in our nation at this time. The unrest comes from hundreds of years of institutional racism that has plagued our history. You cannot adequately understand where a person is today without understanding where they came from. Knowing a person’s history sheds light on their environment, nurturing (or lack thereof), adequacies, inadequacies, gifts, talents, struggles, family, etc. Judges make decisions about people’s lives daily. Better decisions are made when there’s an understanding of the person you are making a decision regarding.
To your knowledge, have the courts established any benchmarks to determine if they are effectively meeting the needs of their jurisdiction? If yes, how often should they be reviewed or shared with the public? If not, should they be put in place and shared? Please explain.
Heather Burnash: Much of the benchmark analysis and measurement of community demands and court performance is done by Court Administration. They constantly submit reports for the Michigan Indigent Defense Counsel to measure demands on the court, attorney performance, costs and revenue. The courts have established a Specialty Court Advisory Board, I am a member. We discuss programming challenges, concerns, how to better improve the services provided and success ratios. The courts are here to serve the people and should meet the needs of the community. This requires regular review and transparency.
Glenn Cotton: The court should start on time and end on time. Hard work is expected. The public will always hold you accountable. It is an honor and a privilege serve the residents of Flint.
Torchio W. Feaster: As far as I know there are not established benchmarks to evaluate the effectiveness of meeting the needs of the jurisdiction. However, I think this critical to allow for continuous quality improvement and to ensure that the judicial system is helping to meet the goals of the community. These metrics should be selected in conjunction with the community, reviewed on a biannual basis and shared with the public. The judicial system exists to help with order and it is difficult for the public/community to have confidence in the judicial system without some measurable accountability.
Tabitha M. Marsh: The courts are monitored by the State Court Administrator’s Office; however, I am not aware of the courts establishing any benchmarks to determine if they are effectively meeting the needs of their jurisdiction. This is not necessarily what the State Court Administrator’s Office is paying attention to. Nevertheless, I think this is something the courts should establish. The courts need to stay relevant to the times. This is the reason that I suggested that judges attend community forums and events. It will help them keep their pulse on the residents they serve so that they are staying relevant. Community forums are a way to help establish the benchmarks and gauge whether or not what is being done is effective.
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