Four Vie for Seat on Common Pleas Court Bench
Four candidates are seeking a six-year term on the Geauga County Court of Common Pleas, commencing Jan. 1, 2017. They are Mary Brigid Matheney, David…
Four candidates are seeking a six-year term on the Geauga County Court of Common Pleas, commencing Jan. 1, 2017. They are Mary Brigid Matheney, David M. Ondrey, Carolyn J. Paschke and Mark E. Porter.
Incumbent Judge David Fuhry announced last year he would not seek reelection to the bench.
The Geauga County Maple Leaf submitted to each candidate an election questionnaire and limited each candidate’s completed response to 750 words, allowing each candidate to decide how to respond to each question.
Below are each candidate’s profile and complete, unedited questionnaire response.
Mary Brigid Matheney
Occupation: Assistant Geauga County Prosecutor
Education: University of Dayton, 1996; Cleveland-Marshall College of Law, cum laude, 1999
Campaign Website: www.matheneyforjudge.com
David M. Ondrey
Occupation: Attorney
Education: B.A., Miami University; J.D., Cleveland-Marshall College of Law, JD
Campaign Website: ondreyforjudge.com
Carolyn J. Paschke
Occupation: Magistrate, Geauga County Court of Common Pleas
Education: B.A., Miami University, 1992; J.D., Cleveland-Marshall College of Law, 1995
Campaign Website: www.paschke-for-judge.com
Mark E. Porter
Occupation: Attorney
Education: B.S., U.S. Naval Academy, 1984; M.A., University of Maryland, 1986; J.D., Rutgers School of Law (2000)
Campaign Website: www.porterforjudge.com
1. What professional experience do you have that is relevant to the office you seek?
MATHENEY: I have practiced law for almost seventeen years as a litigator, judicial law clerk and for most of the last decade as an Assistant Prosecuting Attorney in the Geauga County Prosecuting Attorney’s Office. I have experience prosecuting and defending civil and criminal cases, I manage heavy caseloads, and I have drafted hundreds of appellate opinions in all areas of civil and criminal law.
As Supervisor of the Civil Division, I oversee and manage the largest division of the Geauga County Prosecutor’s Office. I perform general counsel services and provide legal advice for the elected officials, boards, and commissions of Geauga County and its townships. Geauga County needs a judge that will be tough on crime and as an Assistant Prosecuting Attorney, I work closely with local law enforcement to keep our communities safe. In short, I can make a difference and that is why on March 15, 2016, I am asking voters to request a Republican ballot and vote for me for Judge of the Geauga County Court of Common Pleas.
ONDREY: I have 35 years of experience conducting a general practice of law, with an emphasis on civil litigation matters. I have represented individuals and businesses as both Plaintiffs and Defendants, along with three different Geauga County municipalities (South Russell, Burton, Middlefield) as their law director (Solicitor). I have also served as outside general counsel for some of the county’s largest private employers that included responsibilities for negotiating union contracts and conducting labor arbitrations. I have also counseled the Geauga Park District for more than 20 years. I am a partner in a Geauga County law firm that has grown from 5 attorneys when I joined it to more than 20 today. I have served as Board Chair for Geauga Hospital, Geauga United Way, the Geauga Bar Association, and Birthright Lake Co. I have also served on the boards of University Hospitals, Ravenwood Mental Health Center, First Merit Bank (NE Ohio advisory board) and a homeowners association.
PASCHKE: I am the only candidate that has experience presiding over a courtroom. Since my appointment in 2013 by Judges Burt and Fuhry as Magistrate I have run a courtroom, heard cases and issued decisions. Since taking the bench, I have presided over several hundred cases and issued over 100 decisions — none have been appealed.
Prior to my appointment as Magistrate three years ago, I owned and operated a general law practice in Geauga County for 17 years. I practiced and tried cases throughout Northeast Ohio in Common Pleas, Municipal, Appellate and Federal Courts. I have taken those experiences and have applied the more effective practices in my courtroom as a Magistrate, and, if elected will continue to use and improve upon these practices in my courtroom as a Judge.
Common Pleas Judges also have the responsibility of running the business side of the courts. I had to handle all aspects of running the business of my law practice for 17 years and will bring that experience to the Court, especially as it pertains to making and staying within a budget.
PORTER: I have been a practicing attorney for the last fifteen years, primarily in the areas of civil litigation and criminal defense. I have tried more than 30 cases before juries, judges and administrative tribunals. I have experience in the types of cases most likely to come before the Geauga County Court of Common Please.
In addition, I have experience in the private commercial sector as a result of my job duties and responsibilities as a manufacturing supervisor for a pharmaceutical company (1996-2000)
Furthermore, my 12 years of active duty experience in the U.S. Navy veteran instilled in me a deep devotion to duty and common sense.
Finally, ten years of service as a South Russell Village Councilman has given me an in-depth perspective as to the importance of local control and home rule.
2. How has your education prepared you for this office?
MATHENEY: I am a Cum Laude graduate of Cleveland Marshall College of Law with almost seventeen years of experience as a practicing attorney that prepared me for the rigors of work as an Assistant Prosecutor and, if elected, judge.
ONDREY: In addition to my law degree from Cleveland Marshall College of Law, I have a BA in History from Miami University. I believe a solid understanding of both the law and of US history best prepares one to serve as a judge because these fields of knowledge provide a necessary perspective on the evolution of the law and of proper role of the judiciary in American democracy. Having the expertise to research and understand case law precedent and statutes and regulations are all critically important to be a successful judge, but it is equally important to understand this nation’s struggles and the judiciary’s role, limitations, and boundaries. Having this education will also assist me in making judgments regarding credibility, truthfulness, and appropriate outcomes and punishments. Knowing American history well should assist me in understanding current events and in applying the Constitution properly.
PASCHKE: I received my law degree from the Cleveland Marshall College of Law in 1995. Ohio law requires that one must practice law for at least 6 years in order to be a judge. Therefore my law degree has enabled me to meet the necessary qualifications for this office.
I graduated from Miami University in Oxford, Ohio in 1992 with a double major in English (Journalism) and Political Science.
As a 1988 graduate of Newbury High School and having lived in Geauga County for most of my life, I appreciate the needs and values of the residents of our great county.
PORTER: Law school gave me the essential foundation to practice law. Obtaining my masters degree in America History at the University of Maryland while on simultaneously on active duty in the U.S. Navy taught me time management skills that I utilize to this day. While at the U.S. Naval Academy, I was instilled with a deep devotion to duty and a very large dose of common sense.
3. Given the office you seek, what are specific goals you have to serve the citizens of Geauga County?
MATHENEY: One goal is to balance punishment for the commission of crimes with proper and effective treatment of the all too frequent drug and substance abuse issues involved in the commission of crimes.
Another goal is to ensure the timely disposition of cases. The cost of legal services can be significant, especially if a case lingers. I am an effective and efficient attorney and, if elected judge, I will strive to reduce these costs by timely disposing of cases.
ONDREY: My overarching goal will be to apply myself energetically and conscientiously to the day-to-day tasks of a trial court judge. Specifically, my goals include efficient use of litigants’ time, courthouse resources, and juror skills. I hope all Geauga citizens will conclude my court is a place where civil disputes can be fairly argued, potential compromises explored, and quickly resolved when unable to settle. In criminal matters, my goal will be to make fair and impartial judgments as to guilt or innocence when required, to mete out punishments appropriately, and to consider victim’s rights and society’s safety at all times.
PASCHKE: I plan to continue and improve upon the efforts to reduce problems surrounding heroin and opiate abuse. From July 2012 to August, 2015 the Court had 87 heroin/opiate drug cases enter the “intervention in lieu” program. Of those, 62% successfully completed the program or were in good standing, on the way to successful completion. I will continue that program and look to improve upon those efforts to fight the plague of drug abuse in getting help to those who need and want it in Geauga County.
PORTER: My goals as a Common Pleas judge are:
1) Ensure the swift and efficient resolution of matters coming before the Court with fairness to all parties.
2) Complete the electronic filing system, which will allow the court to be more efficient and save litigants money.
3) Relocate the Court’s probation department to the courthouse to improve efficiency and reduce costs.
4. Describe your trial work experience?
MATHENEY: I have litigated cases in jurisdictions throughout the state and across the country — I have trial work experience. However, unlike trial work, the role of a judge is not to convince anyone of the correctness of a position. Rather, a judge impartially applies the law to the facts of the case and makes a ruling. My professional experience litigating, drafting opinions and as an Assistant Prosecutor in civil and criminal work has prepared me to impartially apply the law to the facts and be able to efficaciously rule on cases before the court.
ONDREY: I have conducted dozens of jury trials, the majority of them civil but also several criminal. I have conducted hundreds of bench trials, arbitrations, zoning appeals, labor board hearings, workers compensation hearings, Power Siting Board hearings, EEOC and ORC hearings, and other similar adversarial proceedings. I have done trial work in divorce, personal injury, insurance defense, discrimination, negligence, contract, zoning, public works, real estate, eminent domain, white-collar crime, and other topics. I have appeared in both state and federal courts throughout Ohio doing such trial work.
PASCHKE: As a Magistrate in our Court, I have presided over hundreds of hearings that include trials. I have presided over more than one hundred contested matters ranging from hearings that last a few hours to trials that last over a week. I had previously been a substitute Magistrate in the Chardon Municipal Court where I presided over criminal trials. The vast majority of my private practice trial experience was before the Judges and Magistrates here in Geauga County. I have also tried cases throughout Northeast Ohio, including Federal Court. I have tried a multitude of cases before Judge, Magistrate, and Jury.
PORTER: I have had more than thirty trials, to the bench, to juries and before administrative tribunals in connection with civil, criminal and family law matters.
5. As between civil and criminal, where do you think your strengths and weaknesses lie?
MATHENEY: Geauga County needs a judge who has a background in criminal prosecution, works with and understands the needs of our law enforcement agencies and has compassion for the victims of crimes. I have this experience and whether working with my colleagues and law enforcement to convict criminals like the Chardon High School shooter or boarding up the house of a drug dealer in the Kenston school district, I am uniquely qualified to serve as our next common pleas judge.
In addition, as a litigator in jurisdictions throughout the state and country, judicial law clerk and Supervisor of the Civil Division of the Geauga County Prosecutor’s Office, I have the civil law background on the broad range of issues faced by a common pleas judge on a daily basis.
ONDREY: Few lawyers in Geauga County, including all the current candidate for this court, can claim extensive criminal trial work, thanks largely to our relatively crime free locale. Although I have tried felony and misdemeanor criminal cases, my strength is therefore largely in the civil practice area. With some criminal law background in my career, I anticipate no problems in effectively administering this portion of the docket.
PASCHKE: While more of my experience has been on the civil side, I have handled and tried criminal cases as a practicing attorney. I was trained by Judges Burt and Fuhry to conduct criminal arraignments in Common Pleas Cases. I have presided over approximately 100 hearings regarding Civil Stalking Protection Orders and Domestic Violence Civil Protection Orders. I have presided over at least 25 contested contempt cases that usually carry the possibility of jail time and are therefore quasi-criminal.
I am confident handling every aspect of civil cases (which in 2015 comprised 82% of the caseload in the Geauga County Common Pleas Court, General Division).
PORTER: I have extensive experience in both these areas and would be able to judge civil, criminal and family law matters equally well.
6. In criminal cases, how would your sentences reflect the conscience of the community relative to the crimes committed?
MATHENEY: I have a proven record of prosecuting and defending civil and criminal cases and, if elected, I will do what the law requires even if it is not popular. However, judges must, for example, balance punishment and treatment while responsibly utilizing and safeguarding taxpayer dollars to efficiently and effectively ensure justice.
ONDREY: While a Judge always needs to be mindful of the community in which the Judge serves, sentences must be in accord with the sentencing purposes and principles set forth in the Ohio Revised Code. Those purposes and principles emphasize protection of the public while adequately punishing the offender. In a manner of speaking, these statutory provisions already reflect the conscience of the community and I shall apply them rigorously.
PASCHKE: The question asked is difficult to answer as criminal sentencing has many determining factors as dictated by statute, some of which include the severity of the crime and its impact upon the victim. That being said, the Ohio Code of Judicial Conduct, Rule 4.1, states that “Judicial Officers and Judicial Candidates are not permitted to make statements that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; undermine the Judge or Judicial Candidate’s independence or impartiality, or lead to frequent disqualification.” This, unfortunately, is one of those matters, and therefore I cannot further comment.
PORTER: Sentences must take into account, among other things, the need to protect the community from a convicted offender and the likelihood of recidivism. My sentences would strictly conform to the law.
7. What are the ideal or most important characteristics you possess for this position?
MATHENEY: I have the integrity, temperament, experience and strong work ethic necessary to be an effective common pleas judge. I am also committed to public service and the betterment and safety of our community.
The communities and residents of Geauga County are places and people I have known my whole life. I grew up in South Russell Village, graduated from NDCL and am raising my family in Bainbridge Township. I have always aspired to be a judge serving the community in which I was born and raised and it has been a privilege to serve Geauga County, its residents, and townships in a legal capacity. As an assistant prosecuting attorney, I work hard to keep our community safe.
ONDREY: The most important characteristics I possess for this position are a calm, level disposition; an ability to quickly grasp legal and factual backgrounds; an understanding and appreciation for the proper trial process; practiced people skills; and leadership experiences. In the Bar Association poll, I received the highest number of votes as “highly recommended” and “recommended.” In the courtroom and in the breadth of legal matters I have handled, I am the most experienced candidate.
PASCHKE: I follow the law. I am firm, fair and honest. Those who know me say that I am calm, patient, hard working and reliable. Perhaps the most important characteristic I have is that I am the only candidate with experience presiding over a courtroom, who has already demonstrated the ability to make the hard decisions required of a trial judge.
PORTER: Extensive trial experience, common sense, and deep devotion to duty.
