Kromkowski: Issues

Issues

Questions Posed by Leelanau Enterprise:
Marian Kromkowski’s Responses

1) In family court cases involving child custody, do you believe citizens coming before the court always should be represented by their own attorney?

Custody proceedings can be intimidating and confusing. They are formal hearings where evidence rules, statutes, court procedures and case law apply. Both parents would benefit from having attorneys guide them through this very complex and emotional time. If parents are unsure of whether they want or can afford an attorney, a prehearing consultation with a knowledgeable attorney is still strongly advised. Effective representation, on your own or through counsel, is essential at these crucial hearings.

2) What qualities should a Probate Judge bring to the bench each day?

Knowledge of the law; energy to work a full day, sometimes through lunch; humility to know that first impressions are not always accurate; compassion; patience; good humor; ability to talk so people will listen and to listen so people will talk; steadfast commitment to fairness; appreciation that litigants’ anger may really be fear or confusion; recognition of staff’s hard work; and self-reflection at the end of each day of what you could have done better.

3) Let’s say you are elected Leelanau Probate Judge, and are now serving. What type of courtroom would legal peers say you run?

My current reputation as a judicial referee is reflected in the endorsement of over 60 practicing lawyers. I hope future regard will also be based on my knowledge and careful application of the Constitution and Michigan statutes, calm temperament, respectful, efficient and focused manner, individualized and fair treatment of all litigants, timely, well-reasoned and thoughtful court decisions, openness to dialogue for better understanding of lawyer concerns and willingness to explore improved methods to resolve disputes.

4) The duties of the Leelanau Probate Court has been handled by its staff and Circuit Court judges for nearly a year without the benefit of a Probate judge. While the position is created by law and must be filled, do you think reducing the judgeship to part-time in the future would benefit taxpayers?

Taxpayers are best served with a full-time judgeship. Probate Court handled 309 cases in 2009, involving vulnerable families in crisis. Any money saved by having a part-time judge is outweighed by the emotional and financial costs born by the families and other state services if timely attention is delayed by having a part-time judge. In 2009 the State Court Administrator Office did not recommend any local reduction in judgeships. I concur with it’s current assessment.

5) How involved should a Probate Judge be in his or her community?

Judges and referees must abide by the restrictions placed on them by the Michigan Code of Judicial Conduct. Still, judges should be actively involved in the community for personal growth, betterment of Leelanau County and as role models. In all endeavors we must observe the highest standards, expect to be under constant public scrutiny and refrain from activities that detract from the dignity of the office or interfere with the impartial performance of judicial duties.

6) Estate planners are constantly pushing their clients to establish trusts in an effort to “avoid Probate.” What is so bad about having an estate settled through Probate Court, which was established to handle such decisions?

Probate services have decreased as the use of trusts has increased. Trusts better protect privacy, allow for more specific, personalized instructions regarding property transfer, provide tax benefits, eliminate inventory fees, decrease the time for distribution of property and simplify out-of-state property matters.

Ideally Probate efficiently transfers title to property held only in the name of the deceased to persons entitled to it. If property is held jointly, it passes to the survivor without Probate involvement.

7) The Leelanau County Board of Commissioners had considered making staffing reductions for the Probate Court as part of its budget-balancing process this fall, but held off until a new judge is elected. After campaigning for better than six months for the judgeship, what is your opinion of present staffing levels for Probate Court?

Any decisive opinion would be premature. Staffing should be based on an objective identification of needed services and analysis of the number of employees needed to get the job done. Regardless of the conclusion of the upcoming staffing review, there are likely more efficient and cost-effective ways to provide service.

Probate judges are at times asked by attorneys to close courtroom proceedings to the public when handling sensitive topics. If elected, under what conditions would you consent to such a request?

Closure is the exception, allowed only by court rule to “protect the welfare of the juvenile witness or victim.” Judges consider the age and maturity of the witness or victim; the nature of the proceedings; and the desire of witness or victim or their family to have the courtroom closed.

9) What does your legal resume say about the type of Probate judge you would be?

17 years as Referee parallels an experienced Judge. 31 years of active involvement in dispute resolution and continuing legal education promises improved delivery of court services, protection of individual rights and future oriented problem solving to best promote strong, healthy communities. Courts must be accessible, understandable, affordable and innovative.

10. Judges are asked to interpret the letter of the law, but are expected to use their own experience and background in making judgments. What aspects of your personal life will you draw from in deciding Probate issues?

I was raised by loving parents married for 60 years. Dreams were supported. I was the first lawyer in my entire family. I have confidence.

I am now married for 30 years to Matthew Posner. We guide our three daughters to be independent and inquisitive. As importantly we learn immeasurably from them.

I mindfully stand between the era of my parents and that of our children, honoring our elders, respecting our youth, forging the future.

WHAT CHALLENGES FACE THE COURT?

When elected, I would be replacing Hon. Judge Joseph Deegan who passed away in July of 2009. Judge Deegan was Leelanau Probate Judge since 1988. All of the staff has 10 years or more seniority. My experience with the court, as well as its reputation in Northern Michigan, is that it is a very well run court. Much gratitude is owed to the leadership of Judge Deegan and the professionalism of the court staff.

However, as with any well run office, reviews are necessary from time to time to insure the continuation of efficient, up-to-date and budget-conscious public services. A list of 12 priority areas follows. I will elaborate on these in the upcoming weeks.

Review how well the Court’s function is understood by the families, elders and youth it serves, and if warranted, improve the Court’s website and develop Self-Help information for parties representing themselves.
Face the State budget crunch. Monies are scarce and must be spent wisely. Whether we have the money or not, the Court has an obligation to support children, elderly and mental infirm.
Facilitate a smooth transition of the new Michigan Trust Code which went into effect April 2010.
Initiate alternative dispute resolution methods that encourage parties to accept responsibility for the problems they bring to the Court and assist them in developing their own solutions.
By statute many Probate Court matters require repeated court appearances. Review methods that may streamline court processes and reduce costs for litigants.
Evaluate areas within the Court that could be more cost effective by becoming “paper free” with “e-filings.
Continue strong relationship with the Leelanau County Family Coordinating Counsel, an inter-disciplinary service provider group, and participate in LCFCC’s Early Childhood Initiative Project.
Explore the pros and cons and costs and cost-savings of specialty courts such as a Youth Drug Court and Baby Court.
Review the assessment tools used to determine guardianship and conservator of our Elders so that only necessary and minimal interventions occur.
Review the Community Garden Program in use with youth offenders and consider an expansion of such to include persons behind in child support payments and others who owe fines and costs to the Courts: Gardening encourages healthy life-styles, provides job skills and builds the Leelanau community.
Convene an inter-disciplinary study/work group on Incarceration of Youth Offenders: When, Where, Why?
Participate in the on-going state discussions of whether to merge the Probate and District Court jurisdictions.