Voter Guide: Clark County Municipal Court Judge

Credit: HANDOUT

Credit: HANDOUT

The Dayton Daily News, Springfield News-Sun and Journal-News invited local candidates to fill out the following questionnaire to inform readers.

VOTE FOR 1:

Daniel D. Carey

City: Springfield

Education: J.D., with distinction, from Ohio Northern University

Current Employment: Hearing officer for the state of Ohio

Community Involvement: Clark County Bar Association (past vice president); former chairman of the Clark County Republican Central Committee; member St. Teresa Parish choir; former parish council member of St. Teresa Parish; former member of the Clark County Reentry Coalition; former member of the Clark County Drug Overdose Death Panel; former member of the National Association of Drug Court Professionals; former member of the Springfield Arts Council Board of Directors; former member of the Civic Theatre Board of Directors

Why are you seeking elected office? The drug problem is just about as bad, per capita, in Clark County as it is anywhere in the country. The problem has only gotten worse. Fortunately, drug courts have been proven to be effective at reducing recidivism and saving lives. I am running on the commitment to get a drug court started in Clark County. With my training through the National Association of Drug Court Professionals, and my participation and observance of drug court operations in other Ohio counties, I am prepared to undertake that responsibility, in addition to carrying out the regular duties of municipal court judge.

Why should voters elect you? Experience matters. I had my own civil litigation practice and was accustomed to being in the courtroom when I first decided to become a judge. I was advised that a judge also needed to have a strong background in criminal law and criminal procedure, so I closed my practice and became an assistant prosecuting attorney. I later served out of county as a chief municipal prosecutor, where I worked every day on those very cases over which a municipal court judge must preside. I also have experience presiding over hearings and drafting decisions as a hearing officer for the state of Ohio, as a former municipal court acting magistrate and as a hearing examiner for the city of Springfield.

If elected, what will be your top three priorities? The swift and efficient administration of justice; fair and impartial treatment of all persons who come before the court; and the commencement of a drug court docket.

What specific plans do you have to address those top priorities? My 30 years of experience in both civil and criminal matters has prepared me to step right into an ongoing municipal court docket. I have twice been vetted for judicial temperament, ethics and competence before being nominated to the governor for judicial appointment. I believe that is in my nature, my family upbringing and my religious beliefs to be fair, impartial and respectful to others at all times. As for the drug court docket, I intend to begin organizing that team as soon as the election is over, so that we will be prepared to commence on day one.

Anything else? Together with my wife, Suzie, we have raised our three children here in Clark County. We were fortunate to avoid many of the dangerous pitfalls that face children today, such as opioid addiction. If, God forbid, a loved one should fall into a spiral of drug use, a drug court may be their best chance, and yours, of getting them back. Drug courts work and they save lives. Most of the drug court graduates who have gone on to lead successful lives as contributing members of society say that they never could have done it without the drug court. I am prepared to take on this fight.

David D. Herier

City: Springfield

Education: Juris Doctor, University of Dayton School of Law; B.A., Wright State University

Current Employment: Magistrate, Common Pleas Court, Domestic Relations, Juvenile, and General Divisions; Magistrate, Clark County Municipal Court, Eviction and DUS; Dockets attorney-Geyer Herier Bayless Co., LPA, private practice one day per week

Community Involvement: Former Clark County commissioner-Responsible for the entire county budget, along with two other commissioners and administration of many county departments. Additionally, served on several boards on behalf of the county, including boards such as: Clark County Land Reutilization Corporation (Land Bank); Clark County Transportation Coordinating Committee; Keep Clark County Beautiful; Clark County Re-Entry Coalition, Co-Chair; Clark County Solid Waste Policy Committee; Investment Advisory Board-Clark County Treasury; Clark County Planning Commission; Housing Advisory Committee; Clark County Certified Development Corporation; Clark County Emergency Food and Shelter Board (FEMA); Fair Housing. American Red Cross, Clark County Chapter, vice chair; The Housing Connection (Board of DD related); Springfield Christian Youth Ministries; and Nehemiah Foundation.

Why are you seeking elected office? I believe I have the experience, temperament, ability to work with others, and successful work history that sets me apart in this race.

Why should voters elect you? I have served as a magistrate in the court where I want to serve. In this capacity, I actually “hear” the cases for multiple Judges. I make all rulings on motions, discovery, conduct the hearings and render oral and written decisions. The cases I hears include evictions, driving under suspension and other cases in municipal court. In common pleas, I hear child support, divorce proceedings, domestic violence protection orders, and various related matters. Experience matters and I have the most relevant experience in this race. I also has administrative experience in running a small law firm and in being one of three commissioners that ran the county as a former Clark County commissioner. I am a trusted and well-respected magistrate. I have the support of much of the local bar, elected officials (past and present) from both parties, and have been hired by multiple local judges to act as their hearing officer. Additionally, I have a work history and the ability to get along that is required for the job.

If elected, what will be your top three priorities? 1) Address the issue of recidivism 2) Maintain fairness and integrity of the court 3) Maintain fiscal awareness and look to keep costs of the court as low as possible.

What specific plans do you have to address those top priorities? The issue of recidivism is costly, not only in dollars, but also the effect on victims, the community and family members of those involved. There are specialty dockets all over the state of Ohio. Many worry about the costs, but I have the experience and understanding of budgets that makes my experience unique. I understand the limitations of funding sources for new programs and how to explore those. As a former Clark County commissioner, I dealt with the entire Clark County budget. Specialty dockets for drugs and mental health will go a long way to provide some relief in our community. Defendants that reoffend often leave behind children that suffer and struggle. We can do something about it, it is time! As a sitting magistrate and guardian for many wards who are dealing with the issues of mental illness and substance abuse, I understand that treating people with dignity and respect is the duty of a judge. There are times that toughness is required of course, but I strive to be certain that litigants in my court are treated with fairness, dignity and respect. My knowledge and experience concerning budgets is unique in this race, having been responsible for the budget of our entire county. Dealing with a large budget that includes all of the various departments of the county and their funding streams, provides me with unique experience in this race. I have always taken the issue of using taxpayer dollars wisely seriously. When a commissioner, I refused having my office painted, refused special office supplies and many other small, but I felt important measures, demonstrating the desire to maintain budgetary constraints. These small measures set the tone for similar constraint for larger items.

Anything else? I am a life long resident of Clark County. I love our community and want to serve all of our community. I don’t think that being a judge is a birth right, but rather something that is earned by hard work and experience. I humbly ask for your vote. Herier4Judge.com

VOTE FOR 1:

Brian C. Driscoll

Education: Juris Doctor, Thomas Cooley Law School; B.S., Heidelberg College

Current employment: Judge, Clark County Municipal Court

Community involvement: TAYSA Soccer, Donnelsville Baseball & Softball, Sacred Heart Church

Why are you seeking elected office? For the past 16 years, I have dedicated myself as an assistant prosecuting attorney here in Clark County to better our community and fight for victim’s rights. That commitment led to my seeking to fulfill the judgeship vacated by the retirement of Judge Denise Moody. With Judge Moody’s encouragement and support, I sought out and was appointed to succeed her on the bench. I now wish to continue to represent Clark County as a judge so that I can continue to help make our community a safer place to work and live.

Why should voters elect you? Voters should elect me because for the last 16 years I worked side by side with law enforcement prosecuting the worst criminals in Clark County. I have successfully tried murders, drug dealers and child rapists. I have focused on victim’s rights to make sure that they (or in homicide cases their family) feel like they are part of the system. Too often victim’s rights seem like secondary rights. I am the only candidate to have dedicated my legal career to protecting our community and ensuring that criminals were prosecuted to the fullest extent of the law, and will continue to do this as a Municipal Court judge. I have been blessed with the support of law enforcement who know my work as a prosecutor and judge, including the Clark County Sheriff F.O.P. Lodge 209, Springfield Police Patrolman’s Association, retired Springfield Police Chief Steve Moody, Enon Police Chief Mike Hollar and North Hampton Police Chief Jarrod Campbell. When reelected, I will bring my extensive knowledge of the criminal justice system, my experience as a prosecutor and my dedication to this community every day when I come to work.

If elected, what will be your top three priorities? 1. To ensure that victims are protected from violent criminals, to ensure that business are protected from property loss and to ensure that defendants are treated with respect, even when being held accountable for their actions. 2. To establish a more comprehensive approach to mental health treatment in Clark County. This would include the following: A. The establishment of a mental health court (If deemed financial viable by the Municipal Court judges). This would have a component of drug and alcohol treatment, as well as assuring medication compliance. B. Working with county officials to create a 40 to 60 bed mental health treatment facility that would be a step down facility. This would allow judges to place an individual at the facility instead of placing them in jail. The judges would then be provided an immediate assessment that would allow the judge to order needed treatment, connect the individual to a mental health provider, get the necessary medication ordered and get a treatment plan in place before being released from the facility. C. Create a pre-charge diversion plan that would provide mental health evaluations and treatment prior to charges being filed. This would be for nonviolent offenses such as criminal trespass onto businesses. 3. To update and advance the court into a more modern age. This would include electronic filing of cases, appearance, motion and court’s entries. To continue to ensure that the citizens of Clark County are represented by a knowledgeable, efficient, respected and professional municipal court judge.

What specific plans do you have to address those top priorities? To use my knowledge that I have gained by being in the practice of law for the last 20 years. The last 16 years as an assistant prosecuting attorney have taught me to understand and recognize defendants that truly can use the court’s help and those that simply need to be punished so that future crimes are prevented. I have also established relationships with the other judges, the county commissioners, local court officials and members of the Mental Health and Recovery Board. These relationships will be used to forge bonds and agreements for new facilities and new treatment opportunities for the mental health docket in Clark County. I will immediately welcome the new Municipal Court clerk, once appointed, and use that relationship to improve and update the court current filing system.

Anything else you would like voters to know? I am a lifelong Clark County resident. I have a wife, Carol, and four children. Two that are current students at Tecumseh Local and two that have graduated. My oldest daughter, Ashlee, is the athletic trainer at Northwestern Local Schools. I have been endorsed by retired Judge Denise Moody, Clark County Sheriff F.O.P. Lodge 209, Springfield Police Patrolman’s Association, retired Springfield Police Chief Steve Moody, Enon Police Chief Mike Hollar, North Hampton Police Chief Jarrod Campbell, state Rep. Kyle Koehler, Clark County Prosecutor Dan Driscoll, Clark County Commissioners Rick Lohnes and Melanie Wilt, and former Clark County Prosecutor Andy Wilson.

Dan Martin

City: Springfield

Education: J.D. University of Dayton School of Law; B.A. Wittenberg University

Current Employment: Assistant Attorney General, state of Ohio

Community Involvement: Former Springfield city commissioner, former vice mayor, Friends of the Clark County Public Library, George Rogers Clark Heritage Association, St. Bernard Church.

Why are you seeking elected office? To bring my diverse legal experience and knowledge to the Clark County Municipal Court, and to use my abilities to serve the community.

Why should voters elect you? I will work hard every day, be prepared, and handle matters that come before the court in an efficient manner. My 25-plus years of experience in both private and public practice and in very diverse areas of the law help make me uniquely qualified to handle the broad array of matters that may be brought before a municipal court judge.

If elected, what will be your top three priorities? Implement a drug court specialized docket for Clark County Municipal Court, review court operations and evaluate whether there are opportunities to reduce expenses, engage in public outreach and education to better inform the public about the operation of local courts.

What specific plans do you have to address those top priorities? With respect to implementing a drug court, I would work with the other judges in the court to prepare and develop a proposal for certification of the specialized docket court through the Ohio Supreme Court. There would also be outreach and cooperation with local government partners to discuss funding, with a particular emphasis on pursuing grant funding from state and/or federal sources. I would consult with other existing special docket courts to gain insights into what has worked in other communities. As to efficiency of operations, I would also consult with the other judges regarding how court operations may be reviewed and evaluated, and look to establish best practices. I would also like to establish a citizen’s justice academy, where members of the public could attend educational sessions or programs that would provide basic background information about the function and role of the local courts, and perhaps involve high school or college students.

Anything else? I am a lifelong Clark County resident. Married to my wife, Holly, with two children, Michael and Emma.

Valerie Juergens Wilt

City: Springfield

Education: J.D. University of Dayton School of Law

Current Employment: Valerie Juergens Wilt, Attorney at Law

Community Involvement: Advisory Board to PRC, Daughters of the American Revolution, Clark County Bar Association, Ohio State Bar Association.

Why are you seeking elected office? For too long the court has been content with the way things have always been done. Our municipal court needs an upgrade. We need to do more than just put criminals in jail over and over and over again. When the jail term ends, the same behavior will often return, unless we address the mindset and behavior that got them in trouble to begin with. We need real criminal justice reform. We can protect children and families from the generational crisis of domestic violence. We can create programs that hold substance abusers accountable for following through with the treatment that they need, and improve mental health treatment. These programs have been proven to reduce the serious problem of repeat offenders in these areas. These programs are based on a carrot and a stick approach -- the carrot of an opportunity for rehabilitation and the stick of sanctions, including incarceration, for noncompliance. There are more than 270 of these programs, called specialized dockets, in Ohio courts. Clark County’s adult courts have none. For those offenders who are eligible and agree to participate in these dockets, they are held accountable by appearing before the judge on a regular basis to monitor compliance or impose sanctions for noncompliance. These programs create more work for the judge, but I am not afraid of hard work. I want to bring our court into the 21st century to make this a safe, healthy and productive place for our families and children.

Why should voters elect you? I have been a trial attorney for 33 years, helping solve problems for people dealing with life’s challenges. The breadth of my experience will enable me to address all of the issues that will come before me as judge. My experience includes representing people and families who have been harmed, representing victims of abuse to get the protection they need; helping parents and children in divorce and custody cases, helping grandparents protect children from the neglect of drug addicted parents, defending and protecting the constitutional rights of those who have been charged with crimes, and civil litigation for those who have been victims of fraud, negligence and other claims. I am a Supreme Court Certified Mediator, with additional certifications in domestic abuse and domestic relations issues. Having represented so many people in such diverse areas makes me uniquely qualified for this position.

If elected, what will be your top three priorities? 1. Pursue specialized dockets in the areas of domestic violence, substance abuse and mental health. 2. Adopt a diversion program that complies with Ohio law. What the court is doing now does not follow the requirements created by the Ohio Legislature. 3. Establish a victim/witness program in the municipal court to provide services and support to those who have been victims of crime.

What specific plans do you have to address those top priorities? Organize the advisory board that is needed to create the specialized dockets and establish target dates and timelines to complete the tasks necessary to submit the programs for approval and certification by the Ohio Supreme Court. Instruct the prosecutor’s office, which is responsible for establishing the diversion program, that there will be no more diversions after six months, without a compliant program. Pursue some of the $70 million dollars in American Rescue Plan money that our county and city have received to help fund these programs.

Anything else? I grew up in Clark County and returned here to run my business and raise my family. I have learned so much from my clients and their experiences over the years. I want to use that knowledge, wisdom and understanding to make Clark County the best it can be.