Q & A: Washtenaw County Probate Court Candidate Tracy Van den Bergh

TRACY VAN DEN Bergh comes into Sweetwater’s in Kerrytown a bit before 10 a.m. on a Saturday. She’s holding an empty iced coffee and looks casually caffeinated. She’s 44- years-old, and wears her age well. Considering she’s competing in a grueling five-way race for a Probate Court seat once held by Judge Nancy Francis (Alma Wheeler-Smith’s sister), Van den Bergh doesn’t look any worse for the wear. Judge Francis, who’d been suffering from poor health since January,  had also turned 70—the age at which Michigan law requires judges to step down.

Judge Francis’s retirement has launched a contested 22nd District Probate Court race the likes of which county voters have not seen for more than 30 years.

Tracy Van den Bergh believes she can win the seat. “I never do things half-way. I am working harder than any other candidate; I’ve knocked on 12,000 doors.”

She’s upbeat despite the fact she is running against an incumbent. Gov. Snyder appointed Referee Julia B. Owdziej to the open probate seat at the beginning of June. She will have been on the bench 60 days when she stands for re-election as the incumbent.

When asked about Snyder’s appointment of Judge Owdziej, Van den Bergh says, “I’m not happy about it.” Like the other probate court candidates, she applied for the opening.

Tracy Van den Bergh’s is the story of a blue collar woman who moved up the ladder through hard work and ambition. She comes from a middle-class family and worked her way through college, including stints as a waitress and a bartender.

“We were by no means poor,” says Van den Bergh, “but we were not rich, either.”

She grew up on Long Island and attended Suffolk County Community College then transferred to NYU. She earned an undergraduate degree in social work and her MSW in a one year program. Later, she earned her law degree from Michigan State University. Tracy Van den Bergh has lived in Scio Township with her husband and daughter since 2001.

In her life as a therapist, she provided a range of clinical services, including diagnoses, treatment planning, individual, group, and family therapy.

She has the demeanor of a therapist, a super competent therapist—the one who calls you on your crap, and who can be incredibly empathetic as she pointedly does not take your side. She listens exceedingly well and leans into hard questions with uncommon composure.

Probate Court, with its oversight of divorces, guardianships and wills, is just where one might hope to find a judge who believes that “impartiality means having all the information,” someone with a social work background and experience advocating for low-income clients rather than a career built on prosecuting them.

“I have quite a steely spine,” she says. “I’m a strong advocate for my clients.”

Van den Bergh practiced commercial litigation at Bodman, LLP then left. She has worked at Legal Services of South Central Michigan (LSSCM) for six years.

(Laughing) “The guys at Bodman kept saying things like, ‘Are you working on another pro bono case?’ I realized it wasn’t a good fit for me so I left.”

Tracy Van den Bergh has raised $51,575 in cash contributions and $4,280 in-kind. She spent $38,532 and has put in over $12,000 of her own money, according to campaign finance disclosure forms filed with the Michigan Secretary of State last week. She has raised three times more money than the incumbent and $24,000 more than her nearest competitor in the race.

LESKO: Why are you running?

VAN DEN B: I’m running because there’s no one currently on the bench who has a background of representing poor people. I bring a background as a social worker, as someone who worked her way through college. None of us leaves our experiences behind. My experiences changed my idea of what it is to be poor.

LESKO: There’s an incumbent in the race now. Does that present a significant challenge do you think?

VAN DEN B: There’s a real concern running against an incumbent. There’s a fear that running against an incumbent could adversely impact out clients.

LESKO: I called Gov. Snyder’s office and asked how they chose between this group of exceptionally qualified candidates. It’s like “Sophie’s Choice,” in many ways.

VAN DEN B: Julia has the support of Judge Swartz and Judge Shelton.

LESKO: Why is Judge Shelton endorsing her? He is leaving in September. He doesn’t have skin in the game.

VAN DEN B: She’s the status quo candidate. If you want the status quo, you support Owdziej. What has she done differently on the court? I really didn’t think Julia would pull through the primary without that appointment. They’re holding open a (Referee) position to see what happens. I know people who asked about that job and who were told it’s not available. Are they going to hold it open until January?

LESKO: So Judge Owdziej is the status quo candidate. You  have the backing of local Dems associated with the Hieftje crowd. We could say you are a status quo candidate. What does their support say about you?

VAN DEN B: I had never met most of the local Democrats who are endorsing me. I sat down with each of them and asked for their support. I think you need to have endorsements. You need to have the respect of people in your community. I met with Yousef Rabhi four times before he endorsed me. I’m so proud to have Judge Shapiro’s endorsement. I was very proud to get those endorsements.

LESKO: I went through campaign finance forms for some of the Hieftje people and didn’t see donations from you to their campaigns. 

VAN DEN B: No. No donations.

LESKO: No endorsements, either, when they last ran for office. 

VAN DEN B: No. A judge can’t endorse.

LESKO: You’re not a judge yet…Lawyers can and do endorse in local elections. Lawyers can be big donors in local elections.

VAN DEN B: No endorsements. I’m active in the local Democratic Party. I volunteered for Obama. I’ve only donated in state-level races, Gretchen Driskell, Rebekah Warren. I donated to Yousef after he endorsed me. Oh, and I donated to Veronique (Liem). I’m getting their support because I’m open-minded, pro-choice and progressive. I would say I’m one of the most progressive candidates running in this race.

LESKO: Define “progressive.” 

VAN DEN B: Someone who is open-minded and open to difference.

LESKO: You seem like you’re a person who follows the rules, a straight shooter.

VAN DEN B: (Laughing) I am a straight shooter. My open-mindedness comes into play when making decisions, but the rules have to be followed. In custody cases, it’s really important to follow the statute. I’m not a person who will go off the board as a judge. I am quite the rule follower.

LESKO: Second parent adoptions. You’re the judge. Are you Judge Francis (who was the only judge in Michigan’s 83 counties to approve second parent adoptions for gays and lesbians) or are you Judge Brown (who was ordered to force judge Francis to stop approving second parent adoptions and did so)?

VAN DEN B: If the Michigan Supreme Court said second-parent adoptions should be stopped, I would say I don’t agree. I would make a public statement against such an order by the Supreme Court. I am personally in favor of second parent adoptions. You’re talking about activist judges.

LESKO: Speaking of activist judges, critics say the Trial Court is in need of reform. What do you say?

VAN DEN B: We all read the article (“Black Robe Syndrome,” published in June in The Ann magazine), if those things are true, they need to be addressed…..

LESKO: If? How politic of you. Come on, you can do better than that. 

VAN DEN B: I don’t think there are as many checks and balances as there could be. Judges should be more accountable to the public. I feel passionate about staying connected to the community. That’s important for a judge. When judges lose touch, they’re open to Black Robe Syndrome. I’ve seen a lot of loss of institutional memory through high turnover there. I can be an agent of change when I see that things are broken. I’m always thinking about how to do things better.

LESKO: What didn’t we touch on that you want to make sure people know about you?

VAN DEN B: I’ll work to be a judge who makes accurate decisions, and makes sure that people retain their dignity. Even if a judge can’t do what people want, people should feel heard and respected.