Both candidates for 52-2 District Court judge are optimistic about the Nov. 4 election.
“I’ve been going door to door and getting overwhelmingly positive response,” said Judge Dana Fortinbery, running for her second six-year term. “We’ve been busy.”
“(My campaign) has built a tremendous amount of momentum since the primary,” said challenger Joe Fabrizio, top vote getter in the August primary. “We’ve learned a lot. A lot more people are involved in the campaign since the primary.”
The main issue for Fortinberry is experience.
“I have 26 years of experience in all facets of the legal profession,” she said. “I think I’m doing a very good job. I followed through with every promise I made six years ago. I brought accountability to criminal offenders in this court, balanced the budget, and actively sought meaningful alternative programs for offenders who don’t need to be housed in jail.”
Fabrizio sees a need for change on the court.
“Both the legal community and the community I’ve lived my entire life have voiced a desire for change, at least an option for change, come November,” he said. “Out of a sense of community to the legal community and the community I live in, I want to give them that option.”
Both candidates have focused on their qualifications and endorsements, but their campaigns have also targeted their opponents. In a mailing, Fortinberry’s campaign called Fabrizio a “young, ultraliberal.”
“He’s associated himself with people who are liberal, and he’s indicated he would like to return to the days of Judge (Gerald) McNally, which was a very liberal time both financially and in the way cases were adjudicated,” she said. “I don’t think it’s a good idea for us to go back to that time. We need to hold criminals accountable and keep dangerous criminals off the streets.”
Fabrizio said the race is non-partisan so political leanings may not be relevant, but he is not a liberal.
“I think it’s just something she plucked out of the air,” he said. “It’s an act of desperation to try and kill some momentum my campaign has built.”
His political views reflect his upbringing in a traditional Italian, Catholic family, he said.
“My beliefs are more Conservative in nature, especially in regards to judiciary,” he said. “I do not believe in judicial activism. A judge’s role should be to interpret and apply the law, not to create the law.”
The independence committee “Citizen Against Bad Judges,” a type of political action committee, highlights Fortinberry’s censure in 2006 and Reader’s Digest magazine’s naming her a top three worst judge in America.
One paragraph in the five-page letter, written in 2004 to protest the Oakland County Sheriff’s Association’s endorsement process, charged a cover-up in a 1989 death connected to the family of fellow Judge Kelley Kostin.
“I took full responsibility for that,” Fortinberry said. “I did make a mistake, I accepted the censure, and I’ve since moved on.”
She apologized to Kostin, also a 52-2 Dstrict Court judge, who endorses Fortinbery in the race.
“I consider that to be a lesson well learned and over with,” Fortinberry said. “I understand Mr. Fabrizio wants to focus on that to divert attention away from his lack of experience. It’s important to focus on experience and proven ability.”
Two people have contributed to both “Citizens Against Bad Judges” and “Committee to Elect Joe Fabrizio,” but Fabrizio said he has had no connection with the “bad judges” group.
“I’ve spoken with individuals associated with the group,” he said. “Their interests are aligned with mine to a certain extent, but there is no affiliation between them and myself.”
If re-elected, Fortinberry promises to expand alternative sentencing and education programs including Sobriety Court, Court at School, and Teen Court.
“I established a lot of outreach programs to the youth of the community, to educate them about criminal justice,” she said.
New programs would include Mental Health Court, she said.
“With the issue with overcrowding in jail, we have to make choices, actively seek alternative methods of dealing with people, keep them out of jail and save room for dangerous and repeat criminals,” she said.
Those who are treatable are already sent to a Mental Health Jail Diversion program run by Easter Seals, she said.
“Mental health court would have access to so many more resources, and we could have some meaningful long-term oversight,” she said. “I’m really excited about it.”
Fabrizio promises to bring civility and ethics to the court, and focus on the fundamentals of judging.
“The role of judge in our judicial system is critical,” he said. “It’s a self policing profession, so we need to make sure we have the right people wearing the black robe, deciding our cases.”
He would focus on showing civility to everyone, he said.
‘I would take the bench on time, hear matters in a timely fashion, make timely decisions, ensure the docket is moving efficiently and allow people to participate in the judicial process when they have their day in court,? he said.
His courtroom experiences since becoming a lawyer in 2000 prepared him for the job, he said.
“My first lawsuit out of law school was very complex even for a seasoned attorney,” he said. “I was able to take on a tremendous challenge ? it was a major stepping stone in career, and gave me confidence to know no hurdle too high.”
If elected, he would give up his law firm, Fabrizio and Brook, he said.
“Leaving the law firm is not something I take lightly,” he said. “Running for this position is certainly not something I’m doing for financial reasons.”
The winner of the Nov. 4 general election will serve a six-year term as judge in the 52-2 District Court, with jurisdiction over Clarkston, Holly, Ortonville, and townships of Independence, Springfield, Brandon, Groveland, Holly, Rose, and White Lake.