MICHAEL WOODYARD is either Gandalf or Saruman, it just depends on whom you ask. He challenged Judge Timothy Connors for his seat on the 22nd Circuit Court last year, a seat Connors has either warmed, or filled admirably, depending on whom you ask.
In Washtenaw County, local lawyers simply don’t run against judicial incumbents. Lawyers will explain that it’s because a lawyer who challenges an incumbent and loses could then end up appearing before the incumbent. The obvious fear is that the incumbent judges would hold grudges against their opponents and then make them suffer for it.
Considering the fact that judges are supposed to be the adults in the room while lawyers and litigants squabble and scrabble, the prospect that judges would behave vindictively because they had to run for elective office rather than get a free ride every few years should get a little more press than it does.
Last year, in Oakland County five incumbent circuit county judges fended off challengers.
Michael Woodyard lives in Washtenaw County, but works for the Wayne County Prosecutor. Thus, he suffered little professional fall-out as a result of his run against Judge Connors—at least in Wayne County.
Here in Washtenaw County, an anonymous letter allegedly mailed to Woodyard last year urged him to withdraw from the race. The writer suggested that his name would be mud should Woodyard “force” local members of the Bar to pony up money to fund Connors’s campaign.
Of course, the letter writer implies the local Bar Association and its members are forced to pony up to cover the campaign costs of the sitting judge. Perhaps members of the local Bar prefer to think of it as extortion, rather than blackmail.
This time around, Michael Woodyard has raised about one-tenth of what probate court candidate Tracy Van den Bergh raised ($51,000). Woodyard’s the underdog and a political outsider. Some (including him) suggest that’s exactly what’s needed given the 22nd District Court’s reputation for poor customer service and recent media coverage that suggests rampant judicial arrogance.
Michael Woodyard shared his thoughts on the following topics with The A2Indy via email.
Why are you running for judge, since you ran and lost quite decisively in 2012?
My legal career has been devoted, from day one, to public service and to the pursuit of justice in our courts, particularly on behalf of children. My experience is very different than a lawyer who may not have spent much time in Circuit Court, or one who actively steers clients away from the courtroom to resolve their problems. My experience is in the courtroom. Because of this experience and my personal and professional commitment to service, I am exceptionally well qualified to serve as a judge. Historically, there haven’t been too many contested Circuit Court elections in Washtenaw County. I sought election once before because of my deeply held belief in the importance of the role of the court, and because, as a lawyer, a father, and a neighbor, I have a duty to serve my community in the best way that my unique talents and perspective allow. My candidacy is not one of convenience or opportunity — I really believe in the value of service and the importance of justice in our society. So, while I was not successful in that earlier race, that doesn’t change the basic fact that I am committed to serve my community in this way. And the fact that I am running again speaks volumes to that commitment and passion.
But aren’t a prosecutor’s duties really different than a judge who oversees a family law docket?
Look, being a judge isn’t just the next step in being a lawyer. It requires a different perspective, a different state of mind. Being a judge requires decisiveness, open-mindedness, fairness and compassion, along with an unwavering commitment to justice. And the only way to learn those practical skills — aside from actually doing them — is to spend years closely observing judges. I’ve had the privilege of spending every work day for the past dozen years in a courtroom, watching how judges manage a docket, how they reach decisions, and how they advance justice. It is this close, day-to-day observation — really an apprenticeship — that makes me qualified to serve as a judge starting on the first day. I know my way around a courtroom. I have an even, pleasant and professional demeanor. I’ve learned how to reach decisions that are fair. I know how to manage the courtroom so that litigants and lawyers alike understand that the court respects them. I am prepared to serve in a competent and respectful manner from day one.
The campaign finance reports were just published, and it looks like your opponents raised much more money than you have. How do you hope to compete in an election with very little money?
Serving as a judge in a just and fair way, in a manner that brings respect to the institution of the Court, doesn’t require the same skill set as is necessary for winning elections. The system our state has in place to elect new judges contemplates enormous amounts of money being given to candidates — often by the very lawyers who will appear in front of that candidate if she or he is elected. The way I’ve run my campaign is by visiting with people face to face, going to fairs, farmers’ markets and events, and knocking on doors. I am supported financially by friends, family and professional colleagues who are directly familiar with my work ethic and my practical abilities. I have not accepted tens of thousands of dollars in donations from the very lawyers who are likely to appear in front of me if I win. Frankly, I would understand the concern someone might express if they were to appear in court and learn that their opponent’s lawyer had donated thousands of dollars to the judge. I think it’s a legitimate concern. That’s why, if I’m successful and I have the privilege of serving as judge, I will not accept donations from lawyers who are likely to appear in front of me. It is the system we have, but it is far from perfect.
The Circuit Court seat this year has apparently been designated as a family law seat. How does your experience qualify you for that assignment?
My home and my family is in Washtenaw County, and has been for the better part of two decades. Professionally, I have served as an assistant prosecutor in Wayne County for the past 12 years. As a prosecutor, I’m in court every day, representing victims of the most serious crimes that can be committed against a person, serving as an advocate for justice. That’s different than being in private practice, where a lawyer’s absolute obligation is to his or her client, even if that client’s goals don’t represent a definition of “justice” that most of us could agree on. A public prosecutor serves as what the lawyers’ ethics rules call a Minister of Justice. Wayne County is one of the largest and busiest prosecutor’s offices in the country, and while I’ve been there I’ve managed a domestic violence docket and a personal protection docket. I’ve prosecuted juvenile delinquency cases. And I have worked on hundreds of cases involving child protective proceedings, and child abuse and neglect proceedings. All of these areas of law – PPOs, juvenile justice, child abuse and neglect – fall under the umbrella designation of “family law,” and I have an unmatched depth of experience in all of these areas.
Campaigns for judgeships are the condiciones sine quibus non for a game of insider political baseball. Can you finish up by explaining (without using Latin) why the race for this circuit court judgeship should matter a lot to the average citizen? How does a circuit judge touch the life of an average voter?
Circuit judges are involved in the most important issues affecting a person’s life: child custody, divorce, felony criminal cases, civil disputes, and family matters of various types. A circuit court judge has a far more direct and immediate effect on the individual appearing before the court than do all of the larger structures of government. And by assuming such a direct role with the individual, the court, by extension, plays an essential part in the community.
These are the things I’ve learned over the past decade, representing the People of the State of Michigan in court every day of the week. The circuit court can be a partner in the community, working to foster a sense of accountability, to improve and maintain safety and to strengthen the community by dispensing justice in a fair, evenhanded and predictable manner. As judge, that is what I will do.
