Traverse City Record-Eagle

July 13, 2010

Five vie for 86th District judgeship

Candidates tout credentials in race for the bench

By BRIAN McGILLIVARY
bmcgillivary@record-eagle.com

TRAVERSE CITY — Five attorneys will argue before a jury of 100,000-plus voters and ask for election to the 86th District Court bench.

Barbara Budros, Kevin Elsenheimer, Melanie Stanton, Mike Stepka and Jennifer Tang-Anderson are seeking to replace retiring Judge John Foresman. They'll square off in the Aug. 3 primary; the top two vote-getters will earn a spot on the November general election ballot.

Voters can observe the candidates Thursday from 7 p.m. to 8:30 p.m. in a public forum at the Traverse Area District Library. The 86th District seats three judges and covers Antrim, Grand Traverse and Leelanau counties.

The winner will have a six-year term.

Elsenheimer, a three-term state representative from Bellaire and House Republican minority leader, is considered the favorite by some court observers, based on name recognition and campaign experience.

His opponents have taken both direct and indirect jabs at the term-limited lawmaker. They say they aren't saddled with Elsenheimer's political connections, influential friends and a desire for higher office.

"Because he's a termed-out House legislator with some name recognition, some people see him as a frontrunner," said Stepka, a Grand Traverse County commissioner. "But if you look at real-world district court experience and local community contributions ... he's not the frontrunner."

"I'll go so far as to say to put a politician into a judgeship may not be the best idea," said Stepka, a Traverse City lawyer.

Elsenheimer said he's taken steps to insulate himself from Lansing politics and his usual campaign donors. He passed when some supporters suggested he run for Congress.

"There are four other outstanding individuals running for this judgeship," Elsenheimer said. "I always assume I'm in second place and strive to win."

Budros, 58, is a Traverse City commissioner with 29 years as an attorney. She worked for a county prosecutor in Texas, was in private practice in Traverse City, and most recently worked as staff attorney for 13th Circuit Court Judge Philip Rodgers. She's also a state-certified mediator and lost to Foresman for the 86th District Court post in 2004.

She said she is the lone candidate with court administrative experience and said she's independently seeking the job.

"I don't seek or accept endorsements, so I don't owe anybody anything," Budros said.

Budros said she'd like to start a victim-offender mediation system in which victims have an opportunity to question offenders and work out restitution. The program is successful in other Michigan counties, she said, and contends it reduces recidivism.

Tang-Anderson, 41, has spent her 12-year legal career as an assistant Grand Traverse County prosecutor, and said she's logged more jury trial time in district court than the other candidates.

"You have to treat everyone the same as a judge, you can't show favoritism, and it's nothing different than what I've already been doing," she said.

Tang-Anderson helped develop the county's sobriety court program and assisted other communities in creating similar specialty courts.

She doesn't have much experience with civil cases, but said that side of the job comprises a small part of the court's docket.

"It's just basic contract work ... and a lot of it is just common sense," she said.

Stanton, 54, served on a task force that set up the 86th District Court's mental health court. A partner with the local firm Kronk & Stanton, she's been an attorney for 21 years, including three as an assistant prosecutor in Leelanau County.

Stanton formerly worked as a nurse, and emphasized her ability to honestly communicate and help people understand the legal system.

She said she's non-partisan with no political background, and wants to expand the mental health court into Antrim County.

"About 80 percent of the people I see over and over in district court have mental health issues," she said.

Elsenheimer, 44, an attorney for 17 years, worked as an assistant prosecutor in Antrim County before creating his own law firm specializing in municipal law. He remained a partner in the firm, Young, Graham, Elsenheimer & Wendling, while serving in the state House. Elsenheimer said voters should look for a candidate with a varied background, who has practiced before different courts, and who brings maturity to the job.

"I think it wouldn't hurt for judges to listen to the public directly as legislators do and the executive branch does," Elsenheimer said.

He'd also like to see the court make improvements in customer service.

Stepka, 46, has been a private-practice attorney for 20 years. He's a partner in the firm of Stepka & Aprea PLLC, and has worked for free, taking pro bono cases for both 3rd Level Crisis Center and the Women's Resource Center, earning him the 2007 Pro Bono Award from the local bar association.

"I've been in the district court virtually on a weekly basis my entire career and have more experience than anyone," Stepka said.

Judges will create confidence in the court system by doing their jobs correctly and conducting their personal lives at a higher standard, he said.