52-2 District Court Judge Dana Fortinberry resigned from the Oakland County Bar Association on July 1 protesting the rating system used by the association’s Public Advisory Committee on Judicial Candidates.
The committee released ratings on the four candidates for the vacant seat in the 52-2 court on July 6. Colleen Murphy, magistrate under Fortinberry at the 52-2 District Court, received a rating of ‘not qualified.?
Fortinberry has endorsed Murphy in the election.
‘When a long-time and highly respected prosecutor is rated merely ‘qualified,? and a 13-year member of the Bar with a spotless record, who has been appointed by one judge as a Sobriety Court member and by another judge as magistrate, is rated ‘not qualified.? only pre-judgment and bias can explain such results,? Fortinberry said in her letter to the association’s president.
The committee makes recommendations on judicial candidates based on interviews, detailed questionnaires and other documentation from their experiences in the legal field.
Fortinberry stated in her letter she was treated in a ‘rude and unprofessional manner? when she was interviewed by the committee in 2002 when she ran for her current position. She received a ‘well qualified? rating.
‘The Oakland County Bar Association stands by its committee,? Donald McGinnis, president elect, said. ‘It’s a public service that’s been done for years. We think it’s a fair system.?
According to McGinnis, the committee has not received any official complaints in the past about the rating system and is not aware of any current grievances.
In her letter to the association, Fortinberry believed local voters deserved much better.
‘Its claim of providing an objective evaluation of judicial candidates is nothing but a joke, and the voters of Oakland County deserve much better.?
Criteria used to determine a candidate’s qualifications include legal ability, experience in the legal field, reputation and conduct, demeanor and temperament, professional ethics, full participation in the committee’s process and participation in community and professional activities.
Murphy believes she was treated unfairly by the committee during her interview process as well. She reported she was asked only two questions about her professional qualities during her 45-minute interview.
‘The process I was put through was very unprofessional. I was embarrassed by the system,? Murphy said.
Before a candidate is interviewed by the committee, a thorough background check is completed for reference checks and verification on that individual’s qualifications.
‘As far as we know, it’s a very subjective process,? Kelley Kostin, judicial candidate, said. ‘We just get our rating and no feedback. But it is a thorough process and does give the voter a little more information.?
Ratings are outstanding, well qualified, qualified, not qualified and failed to participate.
‘The rating was based on fabrication and lies,? Murphy said of her ‘not qualified? rating. ‘It’s a terrible, terrible system. They should be ashamed of themselves.? Murphy did not expand on her interview process.
Larence Kozma, one of the judicial candidates in the race, thought the rating system was beneficial to voters.
‘I think it’s an excellent system,? Larence Kozma, judicial candidate said. ‘The members of that committee took it seriously and did a good job.?
Kozma received a rating of ‘outstanding?, the highest rating available from the committee.
‘The benefit is the general public knows what my peers in the legal profession know about my ability and qualifications,? Kozma said.
Comprised of 55 attorneys from the association, members are appointed to the independent committee.
‘This is a system where we’re being rated by our peers,? Kostin said. ‘It’s useful in that attorneys, counselors and practitioners have reviewed whether or not we’d be a good judge.?
While the recommendation from the committee comes in a ‘rating? form, it is solely an opinion of the group.
‘It informs the public of the opinion of that committee. What the public wants to do with that is up to each individual. The public has to decide for itself,? Jonathon Douglas, judicial candidate said. ‘It was a tough process. I would describe it as intense.?
Fortinberry recommended further action to the committee in her resignation letter.
‘This Committee is a farce and needs to be disbanded unless it is completely reorganized,? Fortinberry said in the letter.
While the committee’s rating displays their opinion on judicial qualifications, it does not present an opinion on the candidate’s ability on the following matters: for any office presently held unless the candidate is running as an incumbent, for any office sought in the future, as an attorney or any other endeavor.
‘My big concern is that this is not what it appears to be,? Fortinberry said. ‘I just hope the voters know that when they go to the polls.?
Membership in the Oakland County Bar Association is not required to practice law. Douglas and Kostin are members of the association. Kozma and Murphy are not.