Last Thursday at the Wealthy Street Theatre, the Grand Rapids Bar Association and the Grand Rapids Community Media Center co-sponsored a candidate forum featuring four candidates for the Kent County Circuit Court. The four candidates—Helen Brinkman of Rockford, Christian Krupp of East Grand Rapids, David Murowski of East Grand Rapids, and Mark Trusock answered a variety of questions pertaining to their judicial philosophies, their stance on particular issues, and the reasons why they are running for the position. Media Mouse has compiled summaries of the questions and the candidates’ answers below in an effort make up for the poor election coverage presented by the local corporate media.

Opening Statements

Helen Brinkman: She is running because the bench is something to be proud of. She has tried child abuse cases and brings her record and ability to the bench and considers the most important question to be “who gets custody.”

Christian Krupp: He practiced law for fifteen years and the Court’s docket mirrors his practice. He said that he understands the perspectives of lawyers and that he has been married for ten years and is a long-term resident of Grand Rapids.

David Murowski: He has practiced for 22 years and has extensive trial experience. He will bring his work ethic and the “the respect of almost every county judge” to the bench.

Mark Trusock: He has handled criminal, civil, and family cases in his twenty-one years practicing law. He has 21 years of experience in civil, has tried more than 2,000 criminal cases, and has practices family law.

Question: What special skills are required of a family division judge?

HB: Must apply the law fairly and have the right demeanor, an open door to counsel, a strong work ethic, and the ability to assess the voices of children. She would like to have motions every Friday.

CK: A candidate needs experience which he has as he has tried more custody cases than the other candidates. He does not think Friday motions are necessary as the current schedule of motions every other Friday is handling the volume fine.

DM: He reminded the audience that judges do not just deal with divorce, paternity, and support cases but also Personal Protection Orders (PPOs), adoptions, and delinquency and that experience is needed in all areas. A judge needs to be patient and loyal to the law.

MT: A judge must have a focus on the children as the whole idea of a family court begins there.

Q: Do you support increased requirements for facilitated mediation?

CK: He thinks the facilitated mediation process is good but that it needs some tweaking, as the process is occasionally set too soon without enough time for the necessary evaluation. He stated that there needs to be a 2 to 4 month discovery period, meeting with a judge, mediation, meeting with the judge, pretrial, and then trial. Many settle at the pretrial.

DM: He said that the timing of mediation is critical and that a case must be developed appropriately and mediators must be experienced in the issue and have the proper qualifications.

MT: People do not want to be in court, mediation is a way to resolve issues to get people out of court quickly, and it should be encouraged.

HB: Mediation should be reserved for cases where the attorneys want it.

Q: What are your thoughts on the jury system in Kent County and is it possible for people to get a jury of their peers?

DM: This was an issue due to the removal of some potential jurors from the list due to a computer glitch, but it has since been addressed although it is important to keep monitoring it. Lists should be made up from a variety of sources such as voter and Secretary of State lists.

MT: A fair trial is a basic right and now everyone has access to that thanks to the Circuit Court judges and others taking the issue seriously and working on it.

HB: Judges and prosecutors have been on board with the solution and the problem has been corrected as juries now represent everyone.

CK: Concurred with the statements of the others.

Q: What are the greatest challenges when faced with a divided docket?

MT: A judge needs experience in all areas, especially with the complexity of civil cases.

HB: A judge has to have family hearings on Fridays but cannot neglect civil and criminal business. There is a benefit in having one judge hear all three types of cases.

CK: A judge must have experience in domestic relations and civil cases, as they are 50% and 25% of the docket respectively. The difficult comes in balancing the docket.

DM: There are 19,000 cases per year and the question is how to weave the criminal cases into a docket where civil and family cases have specific statutory requirements. He suggested handling family cases for one month, criminal and civil for the next month, and then repeating the cycle.

Q: How many complaints have been filed against you?

HB: She stated that in criminal law it is common to have grievances filed against you and that several have been filed against her although none have been successful.

CK: Four have been filed against him.

DM: Several have been filed as a direct result of his willingness to take on indigent clients (they used complaints as part of the appeals process). None have stuck.

MT: None in civil or family cases, but because he takes some of the most difficult criminal cases he has had some filed against him and all have been dismissed.

Q: What are the percentages of divorce, delinquency, and neglect cases that you have taken?

CK: Over 500 divorces, did some abuse and neglect cases when practicing in Jackson but has not done any recently because he does not do court appointed work.

DM: Dozens of divorce cases and thousands of abuse/neglect cases.

MT: He has done 100s of abuse/neglect cases and when he maintained a divorce practice, he did dozens of cases.

HB: She cannot practice divorce cases in Kent County as she is a special victims prosecutor but 75% of her cases dovetail with divorce cases.

Q: What is something that people outside of your family would not know about you?

DM: He was captain of the cheerleaders as a Jesuit prepatory school.

MT: He is a rocket football coach, a baseball and basketball coach, a hunter and fisher, and that he works in high schools with troubled youth.

HB: She is the vice president of Senior Meals, she started the Children’s Assessment Center, and she is a Sunday school teacher.

CK: He was in a fraternity in Michigan State University and he “had a good time.”

Q: Are there situations when it is appropriate to move a juvenile into adult into adult court?

MT: He explained that we live in a society where this is necessary.

HB: There are many who should be tried as adults as they are largely indifferent to life.

CK: it is a difficult issue because he wishes such action was not needed but when horrific crimes are committed the appropriate measures must be taken.

DM: He has handled many such cases and it is a necessary avenue although it must always be used cautiously.

Q: How should a judge handle ex parte requests?

HB: The judge will have to take these requests occasionally and it is important to contact the opposing attorney if they do feel comfortable.

CK: This has been more of a problem in the past than it is now—people in custody cases used to make wild allegations to get better treatment. Communication is better now so the opposing council can be reached easily enough and as such they are hardly needed.

DM: These requests have fallen into disfavor with the idea that people should get equal treatment and people should be brought under oath instead. They are necessary on occasion, however.

MT: To make sure court proceedings are fair these should rarely be granted.

Q: With regard to sentencing, other than deterrence and protecting the community, what else would you consider as a judge?

CK: He would consider rehabilitation and is open to “creative sentencing” such as community service.

DM: Since 1984, the Circuit Court has been following Supreme Court sentencing guidelines, but those guidelines do not look at factors such as remorse, restitution, and civic service. He would consider punishment, prevention of recidivism, protection, rehabilitation, and restorative justice.

MT: The guidelines provide a general guide and judges have the freedom to deviate. (it is worth noting that he only ever referred to judges with the pronoun “he”).

HB: She would consider rehabilitation and the need to have justice in the end.

Q: How will you maintain expertise in all areas?

DM: In the first place, he brings experience but would continue to cultivate such experience by formal “continuing education” work, keeping up with new law and rulings, and being a loyal student of the law.

MT: Expertise starts with experience.

HB: She would read advance sheets and attend trainings. It costs the state money but would take the costs on herself to save money.

CK: He read Lawyers’ Weekly, attends seminars, does research, and would learn from lawyers trying cases in front of him.

Q: Are Personal Protection Orders (PPOs) misused?

MT: They are important and needed although he hopes the prosecutor’s office would become more involved in the process.

HB: PPOs do not go through the prosecutor’s office and while they are abused by some, if one person is protected then they are worth it. Unfortunately, court orders are not always respected.

CK: He sees PPO abuse regularly but understands that they are needed, especially in cases where behavior is not quite criminal but is still abusive.

DM: PPOs are about 10% of the docket and the system is susceptible to abuse despite measures designed to prevent it. They are legitimate in many cases.

Q: What are your views on technology in the courtroom?

HB: Most avid user in the prosecutor’s office; it is important to make courts more visual and you can save money by bring long distance witnesses in through technology.

CK: He echoed the comments of Helen Brinkman.

DM: Technology is here to stay, but there are some issues with regard to how you see/hear people testifying and whether court appointed attorneys have access.

MT: He said he is an advocated of technology.

Q: There are two main goals in neglect cases, safety and permanence, how can the court ensure these?

CK: get as much information as possible in the fact gathering process.

DM: There are mechanisms and procedures to follow, at one-year review progress.

MT: It is up to judge to make decisions but rely on caseworkers, attorneys, and testimony to make good decisions.

HB: She explained that she is running because even with all of the facts you can make wrong decisions without experience.

Q: What is the proper role of a judge in settlement conferences?

DM: All attorneys seek the guidance of the court and would generally resolve his cases through settlement conferences as possible as it frees up the docket.

MT: One of the more significant questions asked during the forum; it is important for judges to bring all parties together for meaningful dialog, as they cannot try everything in the docket.

HB: Settlement conferences are effective if judge participates in the process and sets deadlines.

CK: Active participation is a good role for judge; start from the simplest issue and find agreement on that and work up to issues that are more contentious.

Q: Briefly summarize your judicial philosophy.

MT: One of bringing people together and an emphasis on children and safety. As a judge he would communicate and have an open door policy.

HB: His role would be one of a public servant.

CK: He agrees with what the others said and he would listen and would strive to have people be satisfied that the judge heard them even if they did not agree with the decision.

DM: His philosophy is one of a persistent pursuit and promotion of justice and he would be a courteous and respectful judge.

Q: Closing remarks?

HB: She clarified remarks on technology and said that she does not support video transcription. She said that she was glad people were here and paying attention as judges have the power to change laws.

CK: He urged everyone to vote and hopes there is a good turnout. He reminded the audience that he believes he has the broadest experience.

DM: He wants to be the next judge and has skills to be effective. He would dissolve disputes peaceably through the law.

MT: He sees being a judge as a position of service to the legal community and the people of Kent County.

The forum will be rebroadcast on cable channel 25 (GRTV) on July 30 at 6:00pm and August 7 at 8:00pm.