by Cynthia Price
Legal News
Five people would like to be Probate Court Judge in Muskegon County.
Though “probate” refers to “establishing the validity of a will” and similar estate activities, family courts fall under the Probate Court, and the successful candidate for this position will spend most of his or her time as a family court judge.
In addition to the above-described “ratings” situation, the Probate Court saga has developed another controversy. Eric Grimm, one of the candidates, has made no secret of the fact that he sees many problems with the Probate Court. In an email dated July 10, which actually concerned the ratings issue, Grimm was critical of Judge Gregory Pittman as an “authoritarian bully.” He used a complicated mixed metaphor to describe him, having to do with commonly used phrases like “the elephant in the room,” the “Silverback Alpha Male” (apparently referring to a type of gorilla), and the 800-pound gorilla who “sits anywhere he wants to.”
The result was that Grimm re-ferred to Pittman as an “800-pound Silverback Alpha Male.” Many took this wording as a racial slur.
Grimm apologized but did not back off from his assessment of the judge as a bully. Some of his answers below reflect that. The controversy continues to rage.
Again, the candidates are listed in alphabetical order. Most of them responded in writing, by email, but on occasion the responses have been edited for length.
The questions asked were: 1) What is distinctive about you that would make someone want to vote you in as a judge? 2) Why do you want to be a judge? 3) What are your opinions about judicial temperament, judicial philosophy or attitude, judicial behavior?
Joseph S. Bush. Bush is a private practice attorney at Bush Law Offices. He has 15 years of trial experience in State District, Circuit, and Appellate Courts, and Federal District and Appellate Courts. He specializes in business and commercial, criminal, employment, family, probate and real estate litigation. He is also the past president of the Board of Neighbor-hood Investment Corporation (a nonprofit), past president of the Muske-gon County Bar Association, a trustee at Mission for Area People, and a volunteer tutor and Junior Achievement instructor.
Bush grew up in North Muskegon, graduated from NMHS in 1989, went to Michigan State University and attended Michigan State University-Detroit College of Law. He started out in practice with the Muskegon firm of Culver, Sheridan, Knowlton, Even, and Franks.
Q1: “I am the only candidate that specializes in every potential area of law that might come before this court as a result of Muskegon County’s concurrent jurisdiction plan. Under the concurrent jurisdiction plan, this Probate Court judgeship could possibly be assigned any matter that would be assigned to Probate or Circuit Court. I specialize in family law, probate law, business and general civil litigation, and criminal law. I have nineteen years of trial experience and I have the highest blind peer review and client ratings of any candidate from Martingale-Hubbell, which rates lawyers for professional achievement and ethical standing.”
Q2: “I love our community. I am committed to raising my family here. I want to ensure that we continue to have an experienced, fair and impartial judiciary in Muskegon County. Also, it has been a career objective for me since I was fifteen years old and spent the summer working as a law clerk and assisting in several trials in courtrooms throughout West Michi-gan. I’ve spent almost thirty years working diligently within the legal field, with nearly twenty of those years as a trial attorney, so that I could one day have the opportunity to become a judge.”
Q3: “I believe in judicial restraint, as opposed to judicial activism. If elected, I will adhere to the law and legal precedent. When necessary, I will also refer to the original intent or original meaning of the rule of law at issue at the time it was created. Rules have common sense meanings, and I will examine the statutory structure and apply a reasonable analysis to interpret ambiguous words or provisions. I will not allow personal or political preferences to influence a decision. I believe in judicial formalism, whereby legal interpretation is a matter of finding the objective meaning of the words of statutes and constitutional provisions. I would simply be a vehicle for judicial expression. However, as there are winners and losers in every decision, I will explain my reasoned decisions based on the law and facts properly before me, with compassion and empathy for the litigants. A judge should treat every person fairly, with patience, respect and dignity. Whether in court or outside of court, a judge is still always representing the County and State and owes due respect to all those with whom they have contact.”
Eric Grimm. Grimm grew up in the Muskegon area, and, after graduating from North Muskegon High School in 1986, attended the University of Houston on an academic National Merit Scholarship. In 1993, Grimm graduated with honors from the University of Michigan Law School. He went on to clerk for the Texas Supreme Court and a federal district court judge in Texas. He practiced law in Washington D.C., followed by Ann Arbor. After 15 years away, he returned to Muskegon to be a caregiver for his mother, and has had a solo practice ever since. He was the attorney who won the “Save Owasippe” appeal before the Michigan Court of Appeals.
His father and grandfather were both Muskegon County judges. Grimm served two terms as a Roosevelt Park city council member, and as chair of the city’s Zoning Board.
Q1: “Several things distinguish me from other candidates. First is my breadth of experience. I returned to Muskegon County in 2007, after already practicing law for fourteen years, all over the country. I have appeared in trial and appellate courts, both state and federal, in 20 different states and D.C. I have seen some extraordinarily good judges in action, and a few really awful ones. I have a unique perspective that allows me to bring ‘best practices’ from all over the country back home to Muskegon County, and elevate the standard of public service in our local courthouse. I am the only candidate who not only grew up being mentored on how to be fair and impartial, and to think logically, by two well-qualified judges (my father and my grandfather) but who also went from law school into two prestigious judicial clerkships. This permits one to learn how to be a good judge, from well-qualified sitting judges.
“Second is courage. Every single one of the other candidates has spoken to me privately about multiple known, persistent problems that for years have been present in the Muskegon County Probate Court. But I am the only candidate who has exhibited the courage to speak up in public about them. I am the only one to pledge to work hard every day, once on the bench, to correct and address the persistent problems.
“Third is character. I am not willing to compromise a lifelong commitment to the Rule of Law, to fairness, and to even-handed decision-making for reasons of personal expediency, or desire to ‘go along to get along’ in order to win an election. The path to judicial office would have been much smoother if I had been willing to compromise core principles. But the public deserves judges who are not willing to cut corners – who will always prefer what is right, to what seems personally expedient.”
Q2: “I am willing to serve as judge, if elected, because I see a real and genuine need for improvement in the Muskegon County Courthouse. I anticipate this will result in six years of stress, grey hair, and a multitude of difficulties – and the beneficiaries will be the general public, not me. Who wants such a job? Nobody, if someone else is up to the job. But choosing not to step up to do this job also comes with consequences. I understand and appreciate these adverse consequences, having experienced them personally. Everybody in this community deserves and needs better, more reliable courts. I was raised to feel a strong sense of duty to step up in extraordinary circumstances, when things need fixing.”
Q3: “A judge, first and foremost, must have the heart of a servant, and understand that the courthouse is not there for the benefit of the judge, but for the benefit of the public – whom the judge is elected to serve. A judge must always be humble and constantly recognize the difference between personal opinion, and what the law says.
“A judge must have strong listening skills, and work always to cultivate better skills as a listener.
“A judge must remember – every day in every case – that to the people appearing in front of the judge in court, to them, their own case is the most important case ever to be heard in any court. And they need to be treated with decency and respect, so that their case is handled in a way that shows the judge cares as much as they do, about giving everybody a fair hearing and resolving their case in a manner consistent with law.”
David B. Kortering, of David B. Kortering Law Offices, has 18 years of experience in family law. He is married to Kathy, a Fruitport schoolteacher, and has one daughter. His wide community experience includes serving as a board member and volunteer mediator for Mediation and Restorative Services for the past 15 years, Muskegon Exchange Club and its Crime Prevention Programs at the middle and high schools, and being on the Muskegon Big Red Athletic Foundation. He has been a president and Law Day chair of the Muskegon County Bar Association, and a member of the State Bar’s Representative Assembly.
Q1: “This seat will be a full time Family Court position, comprising 35-40% of all cases involving child neglect-abuse, juvenile delinquency, divorce, custody, parenting time, child support, guardianships, and personal protection orders (PPOs). I am uniquely qualified to be the next Family Court Judge in Muskegon County based on my well rounded career, which has focused on representing parents, as well as children, in child welfare cases and juvenile delinquency matters and appeals for the past 18 years. The court docket for this position will have a high number of neglect/abuse cases and juvenile delinquency matters. This area of law is very complex and is not learned overnight. It takes several years to understand the child welfare system and how to delicately balance the parent’s constitutional and inherent right to raise their children and the state’s ability to intervene when there is suspected child abuse and/or neglect. I am the only candidate with the qualifications and experience to make those tough and important decisions in those cases on a daily basis.”
Q2: “I have decided to run for Probate Court Judge because I believe that I can bring my experience and knowledge in those highly sensitive and important matters to the bench. I have had excellent ‘on-the-job’ training by appearing in countless cases in front of all Muskegon Family Court Judges and Referees, and know the system. I was mentored by my father, the late Vernon Kortering, who instilled in me compassionate family values and a strong work ethic. Like my father, I take on tough cases that other attorneys won’t handle. In addition to working as a court appointed attorney in child welfare cases, I also take on tough criminal felony cases for the defender’s office.
“Top two priorities for the office if elected: 1) I would like to start a pilot program involving mediation services for all domestic relations cases, especially ones where child custody and parenting time are in conflict. The earlier the parties sit at the table with a trained mediator, the better. Helping the parties settle their differences before proceeding to litigation will help cases get resolved efficiently and amicably and in the best interests of the children; 2) I would also like to start a PPO court for non-domestic cases (where there is not a romantic or marital relationship). PPO matters can bog down the court system and require special attention. Utilizing trained mediators to assist the court can be beneficial and maintain some consistency in these highly sensitive cases.
“I am an experienced trial attorney and mediator and believe that it is time to take the next step in running for judge to help the families of Muskegon County.”
Q3: “Canon 1 of the Michigan Code of Judicial Conduct states that ‘A Judge should always be aware that the judicial system is for the benefit of the litigant and the public, not the judiciary.’ I believe that this is first and foremost and should drive the bench. A judge should, of course, always be fair and impartial and carefully listen to the litigants and attorneys in the courtroom and follow the law as it pertains to the facts in every case before making a decision. Canon 3 states, ‘A judge should be patient, dignified, and courteous to the litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity.’ I strongly believe in these 2 Canons and would follow their spirit and intent.”
Jenny McNeill. After graduating from the University of Michigan, Jenny McNeill attended the Univer-sity of Northern Illinois Law School. She worked in Illinois for two years at Prairie State Legal Services, then moved to Muskegon in order to work for Legal Aid of Western Michigan. She is now an attorney at Ladas Hoopes McNeill Law. She has been very active in the Muskegon County Bar Association, including as president, Family Law Section chair, and past Law Day chair. Her community volunteering includes Every Woman’s Place/Webster House, the Michigan Irish Music Festival, and Central United Methodist Church. She was formerly involved with the PTO at Mona Shores Schools’ Ross Park, and co-chaired the Mona Shores Bond Committee, as well as working with Foster Grandparents, Safe Haven, and chairing the Muskegon County Domestic and Sexual Violence Task Force. She was named a Woman of Accomplishment by Greater Muskegon Women’s Club.
Her husband Cavan Berry is also an attorney.
When asked why she was running for judge, McNeill replied, “I think families entering our court system need a judge who knows family law, which I do. I’ve practiced extensively in thousands of family cases, representing men, women and children.
“I think what makes me distinctive is my extensive community service, which I’ve done not because I’m running for judge but because it’s who I am. I’ve rung the bell for the Salvation Army, delivered turkeys on Thanks-giving, and I just helped out with the Sherman beautification project. I think it’s important to give back to your community and to get your children involved, too.”
Her feelings about judicial temperament? “I think judges need to be fair and balanced in their decision-making. It’s really important to listen to both sides of the story. I get a lot of questions about what political party I’m affiliated with, but it’s a nonpartisan position, so that doesn’t matter. The Code of Judicial conduct says that judges should be faithful to the law and not swayed by the politics of the time. Judges should be patient, dignified, courteous and kind.
That’s not just my philosophy, that’s what the judicial canon says.”
Brenda Sprader. Sprader is a Muskegon native, and an experienced trial attorney. She has worked as a public defender and now owns her own law firm in North Muskegon where she practices family and criminal law. She graduated Summa Cum Laude from Grand Valley State University and then earned her Juris Doctor from Thomas M. Cooley Law School.
Q1: “I believe I have something special to offer the citizens of Mus-kegon County as a Probate Judge. I have a strong work ethic. I demonstrate fairness, honesty and trustworthiness in my everyday life and as an attorney. I comply with the law and have a commitment to equal justice under the law. I treat people with respect and listen to their concerns. If elected, I promise to be fair and impartial to all people and to follow the law. I care about Muskegon County and the families that live here.”
Q2: “I am running for this specific position as family law will be the focus. I own my own law firm and the majority of my cases deal with family law. I am passionate about becoming a family law judge. My experience has given me insight as to the struggles and frustrations many people face when dealing with family court. I am determined to become a judge the people of Muskegon County can rely on to hear their cases and then provide impartial, fair and lawful rulings.”
Q3: “I think a judge should follow the law and allow the executive and legislative branches to do their jobs. I agree with Justice Thomas who said, ‘I will remember that it’s my job to call balls and strikes and not to pitch or bat.’ In baseball there can be close calls and just as the umpire uses the rules of baseball to make the call, a judge must use the rule of law and make those tough rulings, too. Simply stated, a judge must follow the law.”
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