Vote Deborah Matz For Judge, Court of Common Pleas

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Q & A

Did you ever ask a judicial candidate a question about a case, only to have her tell you she can’t answer that question? Did you wonder why? Did you wonder what you could ask?

The League of Women Voters previously put together a list of questions that you can ask a judge or judicial candidate. The questions are designed to test knowledge, character and effectiveness. Here are my answers to some of those questions.
 
Knowledge
 
1.         Do you believe the composition of juries adequately and fairly reflects society at large? Why or why not? If not, what can we do to change this? What are the pros and cons of using drivers license registration as a source of jurors? The court does not track the racial composition of the jury when they are brought to the courthouse so I cannot say for sure whether juries in this county accurately reflect the composition of this county. Clearly the higher courts believe that there is a problem because case law has developed as a result of Batson vs Kentucky which forces the court to scrutinize preemptive challenges to a minority juror. Summit County has always used registered voters for its pool of jurors, so we are reliant on civic conscience to get a representative jury. I believe that if we begin educating our residents about the importance of jury duty early on – say in high school – including bringing them to the courthouse to observe the system, we might overcome some of the concern about serving on a jury. As to using driver’s license data, remember it is only updated every four years. If a person changes their address after they renew and she doesn’t update her driver’s license (or her voter registration for that matter) her jury summons will go to the wrong address. I believe a more comprehensive and accurate manner of broadening the pool of potential jurors is to modify the statute to include the use of auto registration rather than driver’s license data.   This data is updated annually. 
 
2.        What do you believe are the greatest obstacles to justice. I believe the greatest obstacle to justice is understanding what it is. Every person who comes into court has a different idea of that concept as it applies to him. When that person walks out of the court, if he didn’t get what he wanted and doesn’t understand why, he believes that justice hasn’t been done, and the court has failed somehow. In speaking to others, he then conveys his feeling that the justice system didn’t work. We (the court, the media, schools) all have to do a better job of increasing understanding of the court system and the way it administers justice starting at an early age and continuing outside of the traditional education system.
 
3.         What factors are considered in granting and setting bond for defendants? What do you think is the primary consideration? Flight risk, safety of the community and the victim, guaranteeing the defendant’s presence at trial are all factors to consider in determining the level of bond to require from a defendant. Which of those is primary depends on the nature of the crime. In theft offenses I think flight risk is probably the most prominent factor. You may be dealing with a defendant who doesn’t have sufficient ties to the community and thus has nothing to lose by taking off. In the case of a violent or sexual offense, the safety of the victim and the community is paramount, especially if the offender has a past history.
 
4.         If you became aware of unethical conduct on the part of a trial advocate in a case you were hearing, how would you handle it? Do you believe judges should be required to report attorney misconduct? Judges are required to report unethical conduct to a local disciplinary authority under the code of judicial conduct.  In fact, all lawyers have the same obligation under the disciplinary rules. That doesn’t mean that it always happens. I believe that a judge should always first address the matter with lawyer in question. If the behavior isn’t rectified then the judge must report to the Bar Association.
 
Character
 
1.        Do you ever wake up in the middle of the night thinking about a case and wish you had handled it differently?  Sometimes, because lets face it, hind sight is always 20/20. And frank self-analysis helps you grow professionally. If you don’t learn from mistakes and successes, you can’t be paying attention.
 
2.         Do you believe that voluntary professional and community services are a necessary commitment for public officials? What sort of service or agencies have you been involved with in the past and currently? I believe that all public officials including judges need to be involved in the community they serve by participating in local agencies or nonprofit organizations or groups. I’m in my second term on the board of Big Brothers and Big Sisters and I’m also treasurer of the board of trustees of the Community AIDS Network. I am active in the Akron Bar Association and am its treasurer as well. I graduated from Child and Family Leadership Exchange in 2002 (and was my class president) and I also serve as a representative to the Summit County Family and Children First Council. Because no government office operates in a vacuum, this sort of community involvement enables officials to make collaborative connections to further the mission of their office and better help the people of Summit County.
 
3.        As a prospective judge, what do you consider your greatest strengths and weaknesses? My greatest strength is my work ethic. I have always believed that you have to give everything you have to the job you do. My docket is always up to date, I currently have no over age cases. I participate in different ways to further the mission of the court, such as making No Bullies/No Victims presentations at schools and speaking to other groups about topics such as domestic violence. My weakness is my lack of patience for foolishness, which has led to my having a reputation for not taking any crap. Many of our parties come to us without attorneys and I have to work hard to curb my lack of patience because sometimes pro se parties have serious issues to present, they just don’t know how to go about it within the structure the court demands.
 
4.        What have been your greatest accomplishments personally and professionally? My greatest personal source of pride is my family. I have been married for 21 years, I have two great kids and my husband and I work as a team to raise them to value honesty, hard work, and family. Professionally, I consider the respect of my peers to be a great accomplishment. The most valuable asset a lawyer has at any level, including aspiring to the bench, is her reputation, and frankly it’s the only professional achievement a lawyer can obtain alone. Everything else you accomplish, be it winning a big case, or winning an election, is done largely with the help of others, and you can only get that help with a good reputation.
 
5.        Have you ever been disciplined by the bar association or the state commission on judicial conduct? No. Complaints about judicial officers go to the Supreme Court of Ohio. I have had litigants file complaints about me to the Supreme Court. I had to respond in writing to one complaint, the rest were dismissed without a response from me. I have not yet had to attend a hearing. I don’t have any complaints pending to my knowledge.
 
Effectiveness
 
1.        How do you deal with difficult people, including peers, attorneys or litigants? The judge has to maintain order and decorum throughout the legal process. If you make sure everyone understands up front that you expect them to follow the rules of the court and behave in a certain manner, and continue to reinforce that expectation, you can maintain order. You can’t respond to an outburst with an outburst. But remember that judges are human beings, and in being honest I have to say I have lost my temper on the bench, and regretted it later.
 
2.        How do you prepare to handle cases involving unfamiliar areas of the law? To handle anything new I start by asking someone who knows about that area. I read whatever I can find on the topic in the time given, and also try to observe someone else doing what I am about to encounter. 
 
3.        While serving on the bench, do you believe you have a role in bringing important legal or judicial issues before the public or the legislature? What should your role be? You hear people complain about activist judges, but the judicial branch of government is a separate branch and thus can’t just rubberstamp the actions and decisions of the legislative or executive branches. The role of a judge is to determine issues in accordance with the law and the constitution. If there is a conflict between a law enacted by the legislature and the protections of the constitution, then it’s the judge’s job to rule in a manner that protects a party’s constitutional rights.
 
4.         Is it appropriate to place more restrictions on what cases go to trial? Is there a need for more mandatory mediation and settlement? What do you propose to do if elected? Summit County Common Pleas Court has alternative dispute resolution options that are available on a voluntary basis, through both mediation and arbitration. Further a judge can encourage settlement as a case progresses through the use of pretrials. But ultimately you cannot force parties to settle a case. Identifying which cases are most likely going to wind up going to trial is a skill that a judge needs to develop in order to manage her docket. I have spent eight years developing the ability to identify cases that are ripe for settlement versus cases that need more discovery to get to that point. I can also identify cases that need to have the issues narrowed by motion practice and cases that just need to be tried.
 
5.        What are the issues regarding alternative sentences for non-violent offenders? The point to alternative sentencing is to address an appropriate punishment to the crime and to ensure that the person won’t commit the same offense again, in addition to reducing the burden on the jail/prison system. For example, treatment in lieu of conviction for drug offenders is meant to address the offender’s underlying addiction. If the person fails to follow the program, then the treatment doesn’t work and he or she will likely commit another similar offense. If the person succeeds in the program you’ve saved jail resources, spent court and probation resources, but hopefully reduced the likelihood of recidivism. 
 
6.        What is your judicial philosophy?  A judge is a gatekeeper and a facilitator. As a gatekeeper the judge has to understand the issues involved in a case, identify which ones have merit (a factual and legal basis) and which the issues aren’t appropriate for litigation (using pretrial motion’s offered by the parties, and pretrial conferences). In that role the judge also has to keep control over the evidence the jury hears. As a facilitator, a judge gives the parties the opportunity to settle their cases, not only by the use of alternative dispute resolution techniques, but also by attention to discovery issues that might bog case down so that the parties can’t get to the point where they are ready to settle or try a case. The judge also has to facilitate the making of a good record so that if a case goes up on appeal, the appellate court has something decent to review.
 
7.        What is your vision for the future of the judicial system? What changes would you advocate and why? As we move into the future we need to continue to refine the system. We need to evaluate the way we use the jury system, and perhaps consider whether we need to refine the definition of a ‘jury of one’s peers.’ For example, in commercial litigation the issues are becoming more complex from a technological standpoint, and to make a lay juror understand that technology requires significant time and expense in expert testimony that may not actually help the juror achieve understanding. Perhaps we need to work to develop a way to bring in jurors who are in a particular field when faced with a case that involves advanced engineering technology. I think we also need to address the way we instruct the jury so that we are speaking in terms that they can better understand. I believe that specialty courts in the criminal arena will help us refine the manner in which we dispense criminal justice and so that we can ease the burden of incarceration on the prison system and the taxpayer.
 
8.         Do you think the system is working or do you believe the civil or criminal justice system is breaking down? I believe that the system works, but that we always need to be open to criticism and analysis. For example, the death penalty system in Ohio has been through evaluation and our current system has been found constitutional in its structure. But the American Bar Association has started a project that calls on death penalty states to evaluate whether the application of that structure is going far enough to guarantee that we don’t wrongfully convict an innocent person. Ohio is one of the systems that they are focusing on and I believe that the Supreme Court, in conjunction with the lower courts, needs to welcome that scrutiny and use it as an opportunity to further refine controls on the system, in terms of things like evidence retention and appellate scrutiny. Courts always need to be open to evaluating refinements to the system, for example through the use of specialty courts (like business courts) and jury management techniques. Understanding is the key to making the system work. Anytime judges can increase participant understanding they are ensuring that the system will continue to work.
 
9.        Why should voters support you rather than your opponent? I have a well rounded background that comes from experience in different areas other than the law. I didn’t go straight to law school from college. I went to work after college and continued to work full time while I was in law school. I understand the practical implications of the system on the people who participate in it as litigants and the implications for people who rely on litigants such as family members and employers. This is important because most of those participants are not lawyers and judges. I also come from a background that is more developed in civil litigation which enables me to encounter and adjust to a wider variety of issues and which also gives me a better background in settling cases, even complex, multiple issue cases. 
 
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