Judge Dana Fortinberry spent a recent afternoon leafing through campaign literature from her 2002 bid for the bench in Clarkston’s 52-2 District Court.
Before publicly announcing plans to seek reelection in 2008, Fortinberry said, she wanted to make certain she’d kept the promises she made six years ago.
‘I was pleased to see I’d accomplished every single thing I said I would accomplish,? she said. ‘I am very aware that I’ve been entrusted with a tremendous amount of responsibility, and I’m proud of the fact that I have continued meet that responsibility and accomplish the goals I set out to accomplish.?
As Fortinberry prepares to seek reelection’district court judges are elected to six-year terms on a nonpartisan ballot’she cites the 52-2’s Sobriety Court as the ‘crowning achievement? of her first term.
A voluntary, but highly-supervised 15-25 month treatment program, Sobriety Court uses a team approach to help those with a second offense drunk driving conviction overcome substance abuse issues and end ‘the revolving door of justice? often experienced by addicted offenders.
The program, under the direction of Fortinberry and Judge Kelley Kostin, boasts a graduation rate of more than 85 percent and a recidivism rate of just 8 percent (compared to a national average of 33 percent for repeat drunk driving offenders).
According to Fortinberry, an independent evaluation conducted in 2007 by the State Court Administrator’s Office, the 52-2 District Court Sobriety Court Program was found to be a model among drug and sobriety court programs in Michigan.
‘I’ve been fortunate to work with Judge Kostin because she also brings a lot of passion to Sobriety Court,? Fortinberry said. ‘I think it’s really important both of us be fully involved in that program.?
Fortinberry said she’d like to continue and grow the program, with increased community collaboration.
Facilitators are currently in the process, she explained, of forging a relationship with McLaren Health Care Corporation to provide health screening and ongoing minor health care for Sobriety Court participants.
‘Often people who’ve been addicted to alcohol for a period of time have some serious health problems,? she said. ‘I think we’re remiss in taking them through a path to sobriety without analyzing physical issues, as well.?
In addition to Sobriety Court, Fortinberry also listed the following accomplishments of her first term:
‘Court in School: Twice each year, Fortinberry takes her entire docket to the auditoriums of three local high schools’Clarkston, Brandon and Lakeland High School in White Lake’to hold actual court sessions. The day-long events provide high school students with a first-hand look at the criminal justice system and court procedure.
‘Community Service Garden: Although controversial at inception, the garden is now located at Springfield Oaks County Park and overseen by the Oakland County Department of Community Corrections. Convicted offenders work to pay back debts to the community, producing more than 20,000 pounds of vegetables each year. The produce is donated to charitable organizations.
‘Reorganization of fine and costs schedule: In recent years, Fortinberry said, the 52-2 has eliminated a more than $1 million-per-year budget deficit previously shouldered by Oakland County taxpayers.
‘From my experience in other courts with judges who were good managers, I knew that did not have to be the case,? she said. ‘My philosophy is the people who utilize the court services should pay for the court services.?
‘Elimination of caseload backlog: ‘By early 2004, the 52-2 District Court’s caseload reports reflected operations that are some of the most efficient in the state,? said Fortinberry, who inherited a backlog of cases when she took the bench in 2003. ‘The judges and staff of the court continue to fine tune caseload handling procedures on a daily basis in response to changes in law and court rule mandated by the state.?
‘Collections program: Fortinberry and Kostin instituted a program to collect on unpaid tickets, fines and court costs, thereby reducing the court’s accounts receivable line item by more than $323,000.00 in just eight months.
‘Streamlining the design of the court’s docket: More economical use of staff, law enforcement and public resources, Fortinberry said, reduces the amount of time police officers and others spend in court.
‘We’re running a very effective court,? she said. ‘I’m proud of the way Judge Kostin and are working together and the way we work for the benefit of the community.
Fortinberry said she and Kostin share similar goals, and claims both are ‘hard working,? and neither is ‘shy about staying late,? when the need arises.
The 52-2 District Court serves the entire Clarkston News coverage area’the City of the Village of Clarkston, Independence Township and Springfield Township’as well as the townships of Brandon, Groveland, Holly, Rose and White Lake, along with the villages of Ortonville and Holly.
Fortinberry lives in Independence Township with her husband, Chuck. The couple’s three boys graduated from Clarkston High School.
‘When you live in the community you serve, you see people at the grocery store, the gas station, and other places around town,? said Fortinberry. ‘You have the ability to get to know people and interact in a meaningful way.?
Thus far, one challenger has filed the necessary documents to run against Fortinberry, while another has declared an intention to do the same.
Attorney Joseph G. Fabrizio, a partner at the Troy-based law firm of Fabrizio and Brook, filed nominating petitions and met other requirements necessary to place him on the November ballot as a challenger in the election for judge of the 52-2 District Court.
Fabrizio resides in the City of the Village of Clarkston.
Fortinberry said she doesn’t mind the challenge.
‘That’s how we keep our elected officials honest,? she said. ‘I was never in favor of judges automatically getting their seat back after six years; I think a challenge is good’it makes you fine-tune your work so you’re doing everything you want to do.?
Oxford attorney Frederick J. Miller has also announced plans to challenge Fortinberry in November, but has not yet met requirements to be placed on the ballot.
Candidates for 52-2 District Court judge must obtain at least 600 qualified signatures and submit all paperwork before the April 29 deadline.
Miller, who lives in Brandon Township, practices criminal defense and serves as an assistant prosecutor for Oxford Village and Addison Township, has been outspoken in public criticism of Fortinberry, especially concerning an issue that came out of the 2004 election.
During the campaign season, Fortinberry was backing Magistrate Colleen Murphy, who was running against Kostin and another candidate for a vacant seat in the court.
In July, 2004, Fortinberry wrote a letter to the Oakland County Sheriff’s Association to protest their endorsement process. One paragraph in the five-page letter referred to the 1989 death of Judy Kostin, then-wife of Clarkson attorney Bob Kostin, who is now married to Kelley Kostin. The death was ruled a suicide.
The letter caused an uproar in the legal community and Fortinberry was scrutinized by local’and later, national’media outlets and was accused of unethical behavior by those who felt her comments suggested Bob Kostin was somehow involved in his wife’s death.
The event caused White Lake Police’who felt their credibility was attacked and their work questioned’to reopen an investigation into the death.
At the time, however, Fortinberry said the public was incorrectly interpreting her letter, and said she did not believe the death was suspicious.
As a result of the letter and surrounding controversy, Fortinberry received a public censure from the Michigan Supreme Court for inappropriate conduct in January 2006.
Shortly thereafter, both Fortinberry and Kostin said things were running smoothly at the courthouse.
Fortinberry has the same message today.
‘I know my opponents have chosen to focus on an incident that occurred four years ago during Judge Kostin’s election campaign,? Fortinberry said. ‘While my comments at that time were contained in a letter that was’never meant to be made public, I do take full responsibility for’those comments and have made a full apology to Judge Kostin.? She’accepted that apology and we both have long ago put the incident’behind us.??
Fortinberry and Kostin’who coincidently share a birthday’have worked together’on development, implementation and ongoing improvement of the Sobriety Court program, the Court in School, Community Service Garden at Springfield Oaks County Park’and Teen Court programs.
All those programs, Fortinberry said ‘have had a resoundingly’positive effect? on the community.?
‘Judge Kostin is a terrific judge,? she said. ‘I look forward to continuing to work closely with her to improve the services provided to our community by the?52-2 District Court.?