4 candidates running for Muskegon circuit court judgeship previously held by retiring judge

MUSKEGON COUNTY, MI – Four candidates for one of three open judge positions on Muskegon County circuit court are running in the nonpartisan Aug. 2 primary.

The top two vote-getters will face off in the Nov. 8 general election.

They are seeking the seat held by long-time 14th Circuit Judge William Marietti, who is retiring.

Two other races are for a new judgeship and for the seat currently held by Judge Kenneth S. Hoopes. Hoopes was appointed by Gov. Gretchen Whitmer earlier this year to replace Timothy Hicks, who retired, and is the only candidate who has filed for that position.

Candidates who filed for the 6-year “non-incumbent” judgeship are Brandon Davis, Jason Kolkema, Jenny L. McNeill and Kendrah Robinson.

Related: Four seeking new circuit court judgeship in Muskegon County will face off in Aug. 2 primary

Davis has been an attorney for more than 11 years and is director of oversight and public accountability for the city of Grand Rapids. He is a former senior assistant prosecuting attorney for Muskegon County and assistant prosecutor in Wayne County. He has a bachelor’s degree in interpersonal and public communication from Central Michigan University and a law degree from the Wayne State University Law School.

Davis is a member of the Muskegon Civic Theater Board of Directors, Lead Muskegon, Read Muskegon and the National Association for the Civilian Oversight of Law Enforcement; sergeant at arms with Muskegon Young Black Professionals; founder/director of Victory in Praise Gospel Choir; and a volunteer with Men of Color Read.

Kolkema is a Muskegon area native and graduated from Fruitport High School, Michigan State University and the law school at University of Detroit-Mercy. He has been an attorney for 25 years, handling circuit court criminal and civil cases.

He previously represented municipalities and community mental health authorities for a Lansing municipal defense law firm. He also previously worked as a due process hearing officer for the Michigan Department of Education.

McNeill has been a Muskegon family court referee for four years and an attorney for 25 years. She began her career as a legal aid attorney.

She’s involved in numerous local organizations and serves as treasurer of Legal Aid of Western Michigan, vice president of the Muskegon Family Care Board of Directors and assistant director of the Michigan Irish Music Festival

Robinson has a bachelor’s degree in political science and criminal justice from Western Michigan University and a law degree from Thomas M. Cooley Law School. She previously specialized in worker’s rights, employment discrimination and personal liability litigation and taught at Grand Rapids Community College. Robinson currently serves as a senior assistant Muskegon County public defender.

She is active with Mediation and Restorative Services, Child Abuse Council of Muskegon and the Women’s Division of the Muskegon Lakeshore Chamber of Commerce. Robinson also mentors female Muskegon High School students interested in a career in law.

MLive/Muskegon Chronicle partnered with the nonpartisan League of Women Voters of Michigan to provide candidate information for readers. Each candidate was asked to outline their stances on a variety of public policy issues listed below.

Information on other state, county and local primary races can be found at Vote411.org.

All responses in the voter guide were submitted directly by the candidate and have not been edited by the League of Women Voters, except for a necessary cut if a reply exceeded character limitations. Spelling and grammar were not corrected. Publication of candidate statements and opinions is solely in the interest of public service and should NOT be considered as an endorsement. The League never supports or opposes any candidates or political parties.

What are your skills, abilities and qualifications for the position of Circuit Judge?

Davis: During my nearly 12 years as an attorney, I have built a career full of diverse experiences that uniquely qualify me to dispense justice. My extensive courtroom experience as both a senior assistant prosecutor and defense attorney, in conjunction with my lived experience, community service and commitment to equity make me the ideal candidate to serve as the next 14th Circuit Court Judge. Throughout my career I have handled well over 1000 cases, including at least 50 jury trials. I believe in hard work, compassion, integrity, service and excellence and I will apply those values on the bench.

I became a father at 16 years old, and I have had the privilege of being a single custodial parent of my two beautiful daughters. My lived experience and humble beginnings give me a unique perspective that reminds me to always lead with justice and compassion. I am not running for judge to fulfill a career aspiration; I am running to continue to put service above self and make a difference.

Kolkema:

With almost 26 years as an attorney, I am the only candidate with substantial experience in civil litigation, as well as criminal cases. This is important because judges often come up through the ranks of the criminal side of the law, as former prosecutors and/or public defenders who lack experience in civil law. However, a substantial part of the circuit court docket pertains to civil cases, including injunctions, quiet title, abatement, breach of contract, personal injury, discrimination claims, FOIA and Open Meetings Act cases, and many other matters that are civil cases. I have experience with all those civil cases. In fact, I am the only candidate who has conducted jury trials in the federal courts and who has argued multiple cases before the Michigan Court of Appeals, as well as the United States Court of Appeals for the Sixth Circuit. I also have prior judicial experience as a special education hearing officer receiving appointments from the Michigan Department of Education.

McNeill:

I began practicing law in 1996. A Circuit Court Judge handles felony criminal cases, civil cases over $25,000 and family cases. I have extensive experience in every area. I began my career as a Legal Aid Attorney in 1996, representing low-income individuals, seniors and survivors of domestic violence. After many years, I moved to private practice, becoming a partner in Ladas Hoopes McNeill Law, and continuing to represent thousands of people in Muskegon County. In 2018, I became a Family Court Referee for the 14th Circuit Court, where I am seeking to become a Judge. I handle thousands of hearings each year for juveniles who commit crimes, neglect/abuse and custody/parenting time/child support matters. Further, I have spent hundreds of hours in continuing legal education, to ensure that I am making sound legal decisions in my daily hearings. I am also very involved in the Muskegon community, volunteering for many local organizations, including leadership positions, for over 24 years.

Robinson:

I was born and raised on the southeast side of Grand Rapids Michigan to a public schools educator mother and a Steel worker father. I attended Western Michigan University where I earned a BA in political science. I traveled the world for two years spending the majority of the time in South Africa where I met people of all ethnicities, backgrounds, cultures, and religion. Although I could not personally relate to many of the plights of the people I met, I learned to appreciate and respect the diversity in the world we live in. I then attended Thomas M. Cooley law school where I graduated in 2010 with a litigation concentration. As a practicing Public Defense Attorney, I’ve worked as a guardian ad Litem and now as a senior assistant felony attorney. I work every single day serving the community that I live in. I carry the largest criminal docket in our county and much like the service of people in South Africa I can appreciate the needs of Muskegon and continue to ensure Justice.

What systems or processes involving case management in the Circuit Court would you retain, and what would you change?

Kolkema:

I will retain electronic filing of pleadings, but I would like to make it more user friendly and friendly for the public to see those filings to fulfill our obligation of transparency. Certainly, I would like to see judges at the circuit court level become more involved in settlement conferences. Willingness to roll up one’s sleeves and get to really know what the parties are striving for and attempting to get both sides to reach a fair compromise is the goal. I think this takes time, effort, and knowledge. Many judges that lack experience in all facets of the law are intimidated by this process as they are unable to understand the different positions taken by the parties. It is our job to understand what is going on and attempt to get the parties to resolve their differences. If they do not, I am a strong believer in the jury system and I also believe that I can be very objective if asked to decide the matter via motion or in a bench trial.

McNeill:

In my role as a judicial officer, I quickly learned the importance of case management systems. The current system is cumbersome, but the reality is that the Michigan Supreme Court just moved Muskegon County Circuit Court over to a new system, MiCourt. More changes will be likely. I am a member of the Referee Association of Michigan, so that I can be involved with Referee issues on a statewide level. If I were elected Judge, I would participate in the statewide judicial committees, to lobby our Supreme Court to really consider the needs of the local communities and courts in developing new systems. For example, the MiCourt system has case information available online, but only limited information. A system similar to the federal system, where documents can be accessed online, would greatly increase access to court records.

Robinson:

I would encourage change in our circuit court record requesting system. I believe access to the courts is vital for parties to get cases and matters resolved. However, if requesting or receiving documentation becomes a barrier then justice is delayed. I would encourage an online request system or in person request system with a 24- 72 hour turnaround return rate with one person designated only to give records so that people’s request are fulfilled timely regardless if they have Internet access.

Davis:

As an exceptionally experienced litigator, I am keenly aware of the important role that case management systems play in maintaining efficient courts. Case management systems need to be easily accessible and intuitive for attorneys and members of the public. I am extremely supportive of the electronic filing of pleadings and of providing digital options, when possible, to ensure that we are providing the excellent services to those that have business before the Court.

Providing access to information is important, but it is equally as important to ensure that there is robust community education regarding the resources provided through the Court. There have been recent changes regarding the case management system used by the Muskegon County Circuit Court. If elected to serve as the next 14th Circuit Court Judge, I am committed to working with our Clerk to help educate community about the many resources provided by the 14th Circuit Court.

What alternative methods of sentencing, such as drug court, MIP diversion, boot camp, etc. do you feel have been the most successful?

McNeill:

Specialty or problem-solving courts have been incredibly successful. Whether it is veterans court, drug court, mental health court, or swift and sure, the intense nature of these programs ensure that people receive services that they desperately need and become productive members of society. All these programs require more work on behalf of the court, but the results are worth the time and energy, as courts around the nation, including our own Muskegon Courts, are seeing recidivism levels decrease when these types of problem-solving courts are utilized.

Robinson:

I work daily in the 14th circuit court which handles all the criminal felony offenses in Muskegon. I have found several alternative methods of sentencing to be successful depending on what the persons barriers were. However, the most successful program I have found dealing with substance abuse has been the Swift and Sure program which allows for high supervision through the state probation department, along with targeted programs and counseling based on the needs of the individual.

A benefit to the offender is that Violations don’t automatically terminate probation and the person gets several violations before termination of probation happens. Also once successful probation is made the judge actually gives the offender a graduation ceremony. This unique program allows for relapse and slip ups for the offenders to have another opportunity to get back on the right track before Probation is permanently revoked.

Davis:

Studies have proven that alternative methods of sentencing, including but not limited to drug court, MIP diversion, boot camp, and targeted intensive probation work. I am very supportive of utilizing alternative sentencing and making that determination on when to do so on a case-by-case basis. Additionally, I am supportive of sentences that appropriately consider, the harm to the victim, the conduct of the defendant, and the needs of the defendant.

Not only is prison very expensive, but it is not always the most effective method of changing the behavior of defendants. There are cases where prison is necessary, but when it is not necessary, I desire to utilize methods that have proven to be quite effective like the Swift and Sure Sanctions Program, The EXIT Program, and other alternative sentencing methods. We must keep our community safe and we can do that while still leading with compassion.

Kolkema:

I certainly feel that recovery court is very helpful to those who really wish to become and remain clean. Often these courts are very successful in preventing recidivism. However, I am also mindful that often people who agree to enter these programs do so only to avoid more punitive sentences that usually involved longer periods of incarceration. If people really want to remain clean, they will abide by the terms of the specialty court. However, if they are just going along to avoid a harsher sentence then they should be dealt with accordingly. Accountability is the key.

Under appropriate circumstances, I am also in favor of the use of diversions and other programs such as Boot Camp, Swift-and-Sure, and the Exit Program which have a proven track record for many offenders as an alternative to incarceration. Finally, I would make full use of Holmes Youthful Trainee Act status for offenders under the age of 26, Section 7411 for controlled substance offenders, and Cobbs agreements.

Do you have any alternative methods of sentencing not currently used in the Circuit Court that you would like to put into place?

Robinson:

As a current board member of Mediation and Restorative Services and Former juvenile defense attorney I know alternative sentence methods have been used through mediation in our creative criminal justice system. I have first-hand knowledge that in many cases where a victim wants to seek Justice and not incarceration, but understand the full effect of their offense, mediation and victim/offender sessions have been successful for many in our community. This Method of alternative dispute resolution that has been generally offered in civil litigation is mainly offered in the juvenile courts criminally where the offender is not facing incarceration. However, where in the offender will very likely see freedom again, a great resource to their rehabilitation and decline of recidivism is that they are able to feel as if their punishment actually resulted in some good to the community as well as themselves. If a victim is willing I would allow this option in the Circuit Court.

Davis:

While working as a prosecutor, I had the privilege of leading Muskegon County’s Social Justice Diversion program. This program is primarily utilized for misdemeanor offenses and uses restorative justice practices to allow low level offenders the opportunity to avoid criminal prosecution by obtaining their education and/or performing community service.

Kolkema:

I believe that community service is underutilized, but I am also mindful that it must be weighed against taking away paid positions from those in the community who provide such services. But certainly, volunteering at valuable non-profits will have a net positive effect on both the need that the non-profit has and the value that the defendant will get from participating in such programs. In addition, I would strongly encourage the Muskegon County Sheriff’s Department administration to reinstate its work-release program, which was suspended during the COVID-19 epidemic.

I am passionate about empowering community to grow as a result of their interaction with the criminal justice system. As such, I intend to establish an intensive diversion program that can be applied to Circuit Court cases. This program will assess the root causes that aid in bringing a defendant before the Court and sentence them in a manner that addresses those root causes. Additionally, this program will not use incarceration as the first option to correct a defendant’s behavior. Alternatively, defendants will be obligated to obtain high school diplomas, gainful employment, and other advancements that help to reduce recidivism.

McNeill:

I envision utilizing more of the treatment court approach. The Swift and Sure program is working well. As for juveniles, I would like to see the juvenile mental health court reestablished, so that those juveniles with mental health issues have their issues addressed, instead of creating a pipeline into the adult criminal system.

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