Fudge fumbles again in local judicial endorsement process

Congresswoman's endorsements carrying less and less weight

Almost two years ago to the day, Congresswoman Marcia Fudge attempted an “ill-conceived and ineptly concealed private maneuver” to shape the outcome of the local Democratic Party judicial endorsement process. The botched effort to secure endorsements for two black women candidates, which we reported on here, brought to the surface the uneasy racial tensions that infects so much of local Democratic politics.

But if you thought the Congresswoman would be deterred from long distance interference, you were sadly mistaken. Last month she endorsed five candidates for county judgeships.

Despite there being several competent black women candidates, including two sitting municipal court judges, all five candidates Fudge chose to endorse are white.

U.S. Rep. Marcia Fudge chairing hearing on
voting rights at Cuyahoga Community College
on April 25, 2019

Not a single one of the Congresswoman’s choices won the endorsement of the party’s Executive Committee.

What does this mean? For starters, it says that Fudge, who has represented Ohio’s storied 11^th District since 2008, wields astonishingly little influence within party ranks. Her choices gain little benefit from her announced support, and those who run against her candidates do so without political cost.

Our highest ranking elected official is essentially impotent when it comes to advancing our political interests.

This is a disastrous state of affairs for the black community. The political weakness of our Congressperson may not be apparent if one looks only at the election returns every two years. But after this year’s Census, Congressional districts will be expanded and redrawn, and there are lots of factors at play that could mean that the 11^th District seat may no longer continue as a safe preserve of black representation.

Signs of discontent are beginning to emerge within the District over the current state of affairs. The Cleveland NAACP recently joined forces with two political action groups to organize the Unified Endorsement/Ratings Process [UERP]. The three groups plan to vet candidates based on specific criteria of special import to the black community. Judicial candidates will be examined, for example, for their understanding of cultural competency, their appreciation of implicit bias, and their commitment to systemic reform.

The focus this year will be on judicial candidates, expanding over time to include legislative and executive races on local, county, state and national levels. The process launches this week with interviews scheduled for tonight and tomorrow from 5p-9p at the Harvard Community Center, 18240 Harvard Ave. [44128].

This initiative arose out of concerns that the judge4yourself.com process, while well-regarded, nonetheless had some flaws best addressed by this new process. A representative of GPAC, which is comprised largely of activists and clergy, and is a NAACP partner in the UERP process, says its work will complement, not displace, judge4yourself.

The third partner in this new effort, FIINPAC [Formerly Incarcerated Individuals Necessary Political Action Committee], has distinguished itself in years past with some productive voter registration efforts.

A unique feature of the UERP process is that while the NAACP will limit itself to rating candidates, FIINPAC and GPAC intend to endorse candidates and to extend campaign support to those it endorses.

Signs of Clergy Unrest

A more ominous indication that Congresswoman Fudge could be out of step with her constituency arose yesterday when she appeared at the weekly meeting of United Pastors in Mission. UPM, originally formed as an association of young activist pastors, has now matured into a collective of some political sophistication, with regular programming that has become part of the bipartisan campaign circuit for state and local public officials.

Fudge was there to tout her slate of judicial candidates but got pushback from several clergy members on at least two counts. Attendees wanted to know why she did not endorse Joy Kennedy, a well-qualified black attorney, for Domestic Relations judge. Fudge’s answer seemed to indicate surprise that Kennedy had remained in the race.

More problematic for Fudge by far was her avowed support for Gabriella Rosalina, whose father, Basil Russo, gained local renown as a ward leader and city councilman representing Little Italy, eventually rising to majority leader. before becoming a judge, first in Common Pleas, and then the Court of Appeals. Along the way, he ran unsuccessfully for mayor 1979.

Russo has long been a formidable ballot name county wide. Basil’s brother is chief judge of Probate Court. But another brother, Frank, tarnished the family name when he resigned as County Auditor in 2010 after pleading guilty as a ringleader in the county corruption scandal.

Basil has been pulling out all the stops to get his daughter the nomination, making contributions and pledges of financial support left and right, along with calling in old political favors. Some combination of these efforts was apparently enough to win Fudge’s support, along with that of 14 out of 17 Cleveland city councilmen.

Candidate Rosalina, however, has an undistinguished record as an attorney and is clearly uncomfortable on the campaign trail. She was the proverbial doe in headlights when seeking the party’s endorsement last month, which went to her opponent, Lisa Forbes, by such a surprisingly wide margin that Basil reportedly felt double-crossed.

The sense that Rosalina is an inferior candidate and that Forbes handily won the party endorsement led some UPM members to question Fudge’s game plan.

Part of the Congresswoman’s problem is the absence of any discernible criteria for what it takes to win her blessing.

An opaque process, resulting in an announcement of support without an accompanying rationale, followed by the proffer of zero resources beyond perhaps a played out radio commercial, and no consequence for ignoring or contravening the endorsement, have reduced a once-prized 11^th District endorsement to little more than a trinket.

The extreme political weakness of the black community has been developing for several years. As we head to Black History Month we’ll talk about why that is and what the future may hold.

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Hon. Annette Garner Butler [1944-2018]

Former Common Pleas judge and civic activist Annette Garner Butler died December 31, 2018.

Butler was appointed by Gov. John Kasich to the Cuyahoga County Court of Common Pleas in November 2011 to succeed Timothy J. McGinty. She lost an election the following year to Steve Gall and her term expired at the end of 2012.

Butler was well known in civic circles. She held numerous leadership and board posts at Cleveland State University, the City Club of Cleveland, the Shaker Heights Library, the Cleveland Heights-University Library, the Federal Bar Association, and numerous others.

Throughout her career, Butler made herself available to counsel and guide young people in their lives and career choices, often acting as a one-woman employment referral agency.

Butler grew up on Cleveland’s east side where she graduated East High ’62. She earned an undergraduate degree in sociology and psychology from Case Western Reserve University and her law degree from Cleveland-Marshall College of Law.

Butler spent the bulk of her legal career with the U.S. Attorney's Office, serving as an assistant U.S. Attorney for Civil Trials and Appeals. She has also worked in the private practice of law and later taught legal courses at the Academy of Court Reporting & Technology and the Justice Department National Advocacy Center.

Butler is survived by her children, Christopher Butler and Kimberly Butler, and several siblings.

A memorial service will be held Wednesday, January 9 at 3p at Amasa Stone Chapel, 10940 Euclid Ave., on the campus of Case Western Reserve University. The family will receive friends on January 8 from 4-6p at Brown Forward Funeral Home, 17022 Chagrin Blvd., Shaker Hts. OH.

Best Wishes for 2019!

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"Round up the usual suspects." 
            -- Captain Louis Renault, "Casablanca" [1942]

Read about it here in this week's issue of The Real Deal Press. 

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Deplorable county jail conditions starting to come to light

"If there is a presumption of innocence, what we are doing to the most vulnerable of us is criminal." — Attorney James L. Hardiman

Activists and citizens are beginning to come together amidst revelations about conditions in Cuyahoga County. Read about it here in this week's issue of The Real Deal Press. 

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Free showing of Sandra Bland documentary in Shaker Heights tonight

Sandra Bland was a 28-year-old African-American woman who was found hanged in a jail cell in Waller County, Texas, on July 13, 2015, three days after being arrested during a traffic stop. Her death was ruled a suicide. 

Bland was pulled over for a traffic violation on July 10 by State Trooper Brian Encinia. The exchange escalated, resulting in Bland's arrest and charge for assaulting a police officer. The arrest was partially recorded by Encinia's dashcam and by a bystander's cell phone. After authorities reviewed the dashcam footage, Encinia was placed on administrative leave for failing to follow proper traffic stop procedures.

Texas authorities and the FBI conducted an investigation into Bland's death and determined the Waller County jail did not follow required policies, including time checks on inmates and ensuring that employees had completed required mental health training.

In December 2015, a grand jury declined to indict the county sheriff and jail staff for a felony relating to Bland's death. In January 2016, Encinia was indicted for perjury for making false statements about the circumstances surrounding Bland's arrest and he was subsequently fired by the Texas Department of Public Safety. In September 2016, Bland's mother settled a wrongful death lawsuit against the county jail and police department for $1.9 million and some procedural changes. In June 2017, the perjury charge against Encinia was dropped in return for his agreement to permanently end his law enforcement career. SOURCE.

Repetitive "Disgraced ex-judge" characterization is troubling

I am wrestling with the fact that The Plain Dealer has apparently renamed former judge Lance Mason as the “disgraced former judge”.

I offer no defense for Mason, who is properly being held on $5 million bail, charged with the murder of his estranged wife in brutal fashion, four years after he viciously assaulted her in almost incomprehensible anger in front of their children.

Following that first assault, Mason fell from grace: he pleaded guilty to assault, was sentenced to prison for two years, resigned his judgeship, and lost his law license.

It was a sudden and complete fall from grace. In 2014. What he's accused of doing last month stands alone in its depravity, evidence of a frightening but unfortunately not rare state of mind. I suspect it has little if anything to do with any job or honor Mason ever had.

So, what’s my issue? I have an uncomfortable sense that Mason’s status as a black man may have subconsciously factored into editorial coverage decisions.

Headline, caption, and first sentence each refer to Mason as disgraced. 

I do not recall that former county commissioner and Democratic Party chair Jimmy Dimora was so regularly characterized, although he fell from the county’s top electoral spot in the county for his participation in ongoing public corruption schemes. Likewise for former county treasurer Frank Russo, former judge Bridget McCafferty, and a host of other once-respected public servants turned intentional malfeasants.

Is this over-sensitivity or hyper-vigilance on my part? Some may certainly think so. But when the term "disgraced" is pounded relentlessly via headline, photo caption and lead sentence, it seems more than mere click bait, reportorial laziness or editorial indifference.

Words have power. When repetitively combined with images of a black man in an orange jumpsuit in this highly politicized environment, it seems that intentionally or otherwise, a subliminal message is being sent.

I welcome your comments.

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"Think of Justice as a Value, not a system"

The actor Michael K. Williams was in Cleveland this past week. He visited the County Detention Center and spoke at Cleveland State University's Cleveland-Marshall College of Law. Shared below is an account of that day written by Dean of the Law School and circulated via his Monday Morning Messages.

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"I want you all to imagine what it was like for me to talk to an 11-year-old dark-skinned boy by the name of Michael, with a scar on his face, who knew to take his pain and suffering of his long eleven years of living - and use it to be a blessing in someone else's life. That broke me down....  It struck a fire in my gut.  And that fire was called:  never again." – Michael K. Williams Actor, Producer, “Raised in the System.”

"When I had difficult times in prison ….where I was housed with 2200 men for every crime you could probably think of …. I said to myself that I want to be a light in this dark place. I understood that I couldn't get over this, I couldn't get under it, I had to go through it." – Dominic Dupont, whose 25 year-to-life sentence was commuted by Governor Andrew Cuomo

"A long time my kids asked me, ‘How can you believe in the criminal justice system that did that to you?’  I said, ‘it wasn't the criminal justice system, it was individuals.... If I didn't believe in the criminal justice system, I wouldn't be able to help people get out of prison who don't belong there’." – Derrick Hamilton, exonerated after 20 years in prison

"I'm asking all of you in this room - be it judges, or prosecutors, or defense attorneys, legal aid society, or service providers - to think of justice as a value and not as a system."  - Dana Rachlin, Founder, NYC Together

"We, as judges, those of us involved in the criminal justice system, we've got to get off the bench. I have a hashtag that I use and I call it #beyondthefourwalls. And so I come off the bench, I come out of my robe, I go into the schools." – Judge Michael Ryan ‘96

“I feel indebted to C|M|LAW and the alumni community for giving me a chance to join this profession, for giving me the skills and the support to do the work I care about, and for joining me in my mission. I look forward to carrying these efforts upward and onward with you!”  -Kim Corral ‘12

We are a law school without walls. Every week throughout the year, we foster a culture where our students learn not only in the classroom but also through forums that inspire honest engagement and respectful discourse and dialogue on society’s most challenging legal issues.

Thanks to the impressive efforts of Kim Corral '12, on Thursday, November 29, the C|M|LAW Alumni Association, led by Judge Michelle Paris ’84, partnered with our C|M|LAW Criminal Justice Center and the ACLU of Ohio to bring HBO star Michael K. Williams (The Wire/ Boardwalk Empire) for a packed day of social justice programing. See Cleveland-Marshall Alumni Association Hosts Documentary Screening and Panel Discussion.

The day started when Williams screened his documentary, Raised in the System, with a small group of boys age 9-17 at the Cuyahoga County Juvenile Detention Center. See HBO Star Visits Cuyahoga Juvenile Detention Center. Joining Williams were Derrick Hamilton and Dominic Dupont. Hamilton was exonerated in 2015 after serving over 20 years in prison for a murder he did not commit. Dupont, Director of the Youth Assistance Program, was recently released from prison after serving 20 years of a 25-to-life sentence. His sentence was commuted by New York Governor Andrew Cuomo in recognition of his leadership in anti-violence programs for youth.

Each of these men gave a heartfelt talk to the boys about their own experiences. The response by the young boys was remarkable; they responded by talking about the pain they have experienced throughout their lives. It was a revealing and compelling experience.

On his way to the law school, Michael Williams met with CSU President Harlan Sands. At noon, Williams, Hamilton, and Dupont, joined by Victor Seltzer and Dana Rachlin, spoke to a group of our students about police reform and community development. Seltzer is the CEO of Making Kids Win. Rachlin is the founder of NYC Together.

In the afternoon, the Moot Courtroom was packed for a screening of Michael K. William’s Raised in the System HBO Documentary. After the screening, Kim Corral '12 introduced Williams. Together they announced the creation of the C|M|LAW Alumni Association Live Justice Scholarship which will go to a first year C|M|LAW student who has demonstrated a strong commitment to social justice. Over $19,000 was raised for the new scholarship in just one day, including a contribution from Michael K. Williams.

Professor Jonathan Witmer-Rich then moderated an inspiring panel discussion with Williams, Seltzer, Hamilton, Dupont, and Rachlin. All of the panelists volunteered their time, woke up at 4 a.m. to fly to Cleveland, and spent a full ten hour day inspiring, educating, and challenging their audiences to engage in the important, collaborative work of justice reform. See Photos from C|MLAW Event with Michael K. Williams.

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Injustice lives in our Justice System

Tune in today for an informed discussion on America's system of cash bail.