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December 2011
 Judge
Lawrence Column for Judges.htmB. Allen, Willoughby Municipal Court
And so this is the final column that I will write as Judge of the
Willoughby Municipal Court. My congratulations to Judge-Elect
Harry Field who, after sharing the responsibilities of the Court as its
Chief Magistrate, will soon be its chief overseer, and he will do an
outstanding job and be a credit to the Judiciary.
Just before I took the Bench on January 1, 1994, I received a note
from Judge Paul Mitrovich welcoming me (and I paraphrase) and suggesting I
get ready for an exciting and life changing experience as a member of the
Judiciary. His comments could not have been more accurate. I
apparently "blinked" and 18 years vanished.
During my tenure in office, I have been privileged to serve with
an outstanding Lake County Judiciary at both the Common Pleas and Appellate
levels, but I would be remiss if I didn't mention the special relationships
and cooperation that has been shared by the Municipal Judges – Judge John
Trebets of the Mentor Municipal Court and Judge Michael Cicconetti of the
Painesville Municipal Court – both men of unique judicial talents, both
close friends and I will miss working with them on a daily basis.
Judge Trebets developed and shared with both Municipal Courts his Mental
Health Docket, a first in the County and emulated throughout Ohio. Judge
Cicconetti with his creative sentencing and 99% approval rating in his
recent re-election, (congratulations, by the way), also gave the Lake County
Judiciary prominence on the international scene as President of the American
Judges Association (AJA). AJA is an organization composed of Judges from all
levels who reside throughout the United States, its territories and Canada,
as well as a number of tribal councils. I was privileged to serve on
his Executive Committee during his term as President.
Of course, while Judges take the bows, we know that we couldn't
function without a cadre of Clerks who toil daily to make our Courts run
smoothly.....and the Willoughby Municipal Court, with nearly 18,000 cases
annually, continues to meet that demand.
I have been doubly blessed with not only 35 excellent
staff members, but a Mayor and City Council who have permitted the Court to
function independently while having the courage and foresight to construct a
magnificent stand-alone Courthouse to serve the present and future needs of
western Lake County.
And then there was Issue One to increase the age limits for
Judges, soundly defeated by the electorate, in large part due to the efforts
of the Prosecutor's Association. Despite the defeat, we must
acknowledge and appreciate the efforts of Chief Justice Maureen O'Connor who
advocated strongly for the constitutional amendment and has even lifted the
age cap policy for visiting retired Judges.
You may not be aware that prior to the Modern Courts Amendment of
1968, there was no age limit for Judges. The legislative history
on the Amendment, which was adopted in November, 1973, noted that, "prior to
the adoption of this measure, it was not possible to employ retired judges
to serve, since their judicial powers terminated upon leaving office."
The change allows the recall of retired judges to active duty, if they
consent to it.
On January 1, 1994, Judge Fred Skok, who moderated the first of my
three swearing-ins by Judge Richard A. Hoose, noted that during ones tenure
on the Bench some cases would become repetititive and perhaps not treated
with the seriousness and concern as earlier cases. However, for the person
standing before the Bench, it was probably the most important thing in
his/her life at that moment and the facts should be considered accordingly.
Eighteen (18) years later, those words still ring true for all Judges to
insure that each participant feels that they were treated fairly and
impartially. As Judges, we do not escape the general dissatisfaction
Americans have with the legislative and executive branches of government,
although perceptions of the court system have been more stable in recent
decades. I would encourage you to read the AJA White Paper,
"Procedural Fairness: A Key Ingredient in Public Satisfaction" found at the
AJA website.
I thank you for the opportunity and privilege to serve in the
judiciary...and on behalf of myself, Lorraine Fende and the Willoughby
Municipal Court Staff, we wish the very best of the holiday season to you
and your loved ones and may your future be filled with good health and
happiness.
Merry Christmas!!!
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