EDITORIAL: “Incumbent” Judges

By The Ann Arbor Independent Editorial Team Last updated Jun 19, 2014 0

THIS NEWSPAPER DOES not endorse in races for elected office. As such, we offer no opinion whatsoever concerning the best candidate for the probate judgeship vacated by Nancy Wheeler Francis. That being said, the appointment of Referee Julia Owdziej to Francis’s seat on the court by Governor Rick Snyder on June 4 should be recognized for what it is: political maneuvering on the part of those in the Washtenaw Trial Court system who arranged the appointment.

As a result, voters will see Ms. Owdziej’s name on the ballot as the “incumbent.” Technically, she will be the incumbent—having served for 60 days prior to the August primary. Voters will naturally be confused.

Judicial races are nonpartisan. The two candidates with the most votes in the August primary will advance to the November general election. Ms. Owdziej must seek election for a six-year term this November to keep the probate court seat to which she has been appointed. She is running against Jane Bassett, Tracy Van den Bergh, Constance Jones and Tamara Garwood.

Probate judges are expected to make decisions on a variety of matters, including wills, guardianships and conservatorships. Prior to 2002, Judge Francis approved second-parent adoptions by LGBT couples. Ours was the only one of 83 Michigan counties which made it possible for gay couples to legally adopt.

Then Washtenaw Trial Court Chief Judge Archie Brown put an end to the practice. He was ordered by the Chief Justice of the Michigan Supreme Court to stop second-parent adoptions. Judge Francis refused to comply and so Judge Brown reassigned all adoption cases involving unmarried couples to himself and dismissed them. His actions have barred second-parent adoptions in Washtenaw County for the past dozen years.

Judge Brown is endorsing Ms. Owdziej. Judge Nancy Francis, who appointed Ms. Owdziej as a Referee in 1999, is not endorsing her in this race, but has endorsed Tamara Garwood. We believe the endorsement of Judge Brown, whose 2002 decision was viewed by state and national gay activists as an attack, coupled with the fact that Judge Francis has chosen not to endorse Ms. Owdziej—whom she appointed in 1999—raise important questions.

Similarly, Judge Donald Shelton is slated to leave the bench in September 2014, 60 days before voters go to the polls in November. Lawyer Patrick Conlin, whom Shelton has endorsed, must first survive the August primary election. Should Mr. Conlin be one of the top two vote-getters in August will he, too, be appointed to the Trial Court by Gov. Snyder 60 days before the general election?

It has been decades since there were two contested elections for the Washtenaw Trial Court. A recent article in The Ann suggests our Trial Court system rife with arrogant judges and systematic dysfunction.

We believe manipulating the system and potentially confusing voters in order to give a boost to any candidate is wrong. It is a disappointing strategy for a candidate seeking a position of trust. Such tactics smack of insider politics and demonstrate disdain for the voters. Running as one of five candidates for any elected office is not easy. However, Ms. Owdziej and all judicial candidates should campaign for office in contested elections.