The race for 19th District Court Judge in Dearborn will be decided at the polls on November 4, 2008. Incumbent Mark Somers will face off against challenger and local lawyer Candyce Abbatt for the seat.

In an effort to get to know the candidates better, The Arab American News asked them to answer the following questions via e-mail regarding their previous experiences and plans for the job:

Why did you decide to run for 19th District Court Judge?

SOMERS: I am running for re-election as a judge of the 19th District Court because I believe that we need judges who are ethical, experienced and effective. I believe that I have brought positive changes to the court in my first term of office. My opponent is running what looks like the most expensive campaign in Dearborn history trying to smear my reputation and my record. Here are the facts: I turned in another judge for ethical violations – and the Judicial Tenure Commission agreed with me. I complained about nepotism when the same judge tried to have his girlfriend promoted to court administrator – and the Supreme Court agreed with me. We need honest judges who follow the law. I am an honest judge and I follow the law.

ABBATT: Now is the time to restore dignity, order and balance to the Dearborn court. I had always dreamed of becoming a judge, but the timing was not right. My daughters were small, my practice was growing and my family and clients needed me. Yet, I love my community; I have lived here all my life and raised my family here, as did my parents. As I watched the mess and drama unfold at the 19th District Court I realized that I had a duty to use my experience, qualifications and sense of fairness to set matters right.

What special qualifications do you feel you bring to the court if re-elected/elected?

SOMERS: I have worked tirelessly to bring ethics and equality into the 19th District Court. My appreciation for the strengths of a diverse community come from growing up both in Michigan and in northern India where my parents worked as educators and in agricultural extension projects. My family includes members from diverse European and Asian backgrounds and faith traditions. As a judge since 2003 and as Chief Judge since 2006, I have taken the opportunity to promote diversity and improve services by hiring bi-lingual employees. We have more full and part-time bi-lingual Arab American employees now than ever before. This started with my first appointment of a magistrate, Hon. Charlene Elder, who is now a Circuit Court Judge and it has continued through the hiring of our first-ever fulltime Arab American probation officer. I have been fiscally responsible in leading the court from a 2-year operating loss of nearly $770,000, to a 2-year surplus over $390,000.

ABBATT: There is no question that I possess the professional qualifications and temperament to be a good District Judge. What sets me apart is that I grew up in this community. I understand and appreciate its diversity and can best represent it in the legal system. I was raised on the east side, and graduated from Fordson in 1976. I attended the University of Michigan-Dearborn, and Wayne Law School. I met and married my husband Bill here, and raised my two daughters in Dearborn. My parents still live in our family home on Mead, and my brother is a Fire Captain at the Schaefer station. When I become judge, I will not change because those who have known me my entire life still surround me. They will not allow me to change. That stability and support is an invaluable asset that makes me unique in this race.

Please detail your courtroom experience.

SOMERS: Before serving as a judge on your court for the past six years I practiced law from my Dearborn office for over 19 years representing clients in over 40 state and federal courts and administrative tribunals in a wide variety of civil and criminal law cases. As a judge, I have decided over 30,000 cases. I have presided over more jury trials than any other judge in Dearborn. During the past six years, I have volunteered my time to try felony cases at the Circuit Court and I preside over the Drug Court to fight drug and alcohol abuse. By way of contrast, my opponent lists no criminal law experience at any level.

ABBATT: For my entire 25 year career I have spent most of my professional life in a courtroom. I am proud to be endorsed by Judge Kathleen McCarthy of the Wayne County Circuit Court because I have practiced in front of her on many occasions and she has found me to be well prepared, knowledgeable and a strong advocate. Family law is a complex and emotional practice. I have handled estates ranging from a few dollars to many millions. I have represented autoworkers, teachers, lawyers, doctors, judges, newscasters, business owners, musicians, politicians, pilots and athletes. I am a partner in my law firm and a fellow of the State Bar of Michigan Foundation, a distinction offered only to 1,300 of over 30,000 attorneys and judges in Michigan.

What do you believe is the role of a local judge in educating our youth and how would you approach this?

SOMERS: Educational opportunities come both inside and outside the courthouse. Inside the courthouse I have the opportunity to work with youth who are in trouble, to give them second chances while requiring that they demonstrate personal responsibility and a commitment to improve themselves. I have also provided opportunities for students to serve internships in my office. Outside the courthouse, I have continued the “court in the schools” program bringing live court sessions into our middle and high schools. I have also participated in the Strategic Planning and Model School District initiatives working for the improvement of our schools. I have judged “moot court” competitions in law schools, served as an expert for domestic violence programs at HFCC, and read to small children during “March is Reading Month.”

ABBATT: Parents should know that they can count on me to be firm but fair. I will never forget that the child on the other side of the bench could be mine. I want to prevent rather than treat children. I will develop and work with existing programs so that children see judges in elementary school and not for the first time on Law Day in high school, or worse yet, as a defendant in my courtroom. Our youth are a product of our community and it is our duty to keep an open dialogue in order to prevent problems before they arise. My girls (and I) still know and recognize each of their “DARE” officers. As a judge, I also want to be known to every school child in Dearborn.

Name one problem you think needs to be addressed within the court and how you think it could be fixed.

SOMERS: The 19th District Court is one of the busiest in the state and, thanks to its employees, it operates with great efficiency. Since I have been Chief Judge we have taken on and found solutions to a number of problems. We have improved our emphasis on collecting money due to the court so that we are not a burden on the tax payers. We have instituted regular bi-monthly meetings with the city administration, police, prosecutors and defense attorneys to improve procedures while still respecting each other’s independence. We have improved the perception of justice by creating a more diverse staff through better hiring practices – we still have a way to go in order to fully reflect the demographics of our community, but I am dedicated to achieving that goal.

ABBATT: Discrimination. There appears to be a practice of discrimination against females by my opponent. Three federal lawsuits for the same offense is no coincidence. Discrimination cannot be tolerated. Ever.

What are your views on the separation of Church and State and the courtroom?

SOMERS: The First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…” The essential impact of this provision is that the government cannot use its power to promote or prohibit a religion. Standard jury instructions still contain oaths referencing “God,” child custody cases require judges to weigh the capacity and disposition of parents to educate and raise their children in their religion and the Michigan Constitution actually provides that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged” (Art. 8, Sec.1). It is perhaps overly simplified in this limited space, but the key is that courts, and judges, do not attempt to impose their own religious views upon others – and I never do. At the same time, I do offer defendants the opportunity to perform community service for any charitable organization, including the religious institution of their choice. My dedication to respecting and protecting the freedoms of others is put into practice through my membership as an honorary board member of ADC – Michigan.

ABBATT: My views mirror the First Amendment of the Constitution of the United States — the separation is absolute. When the line is crossed, those who do not follow the same beliefs are often at risk. My opponent seems to have difficulty with that concept. Biblical passages at the bottom of his official court stationary, interjecting his religious beliefs in fashioning the disposition of a case, preaching from the bench — all indicate an inability to separate strong Christian religious beliefs from official duties as judge. Given the controversy with other judges on the bench, the next district judge must clearly be able to set aside personal beliefs and possible prejudices in the courtroom. We cannot afford any more divisive controversy. We all deserve better.