These are new times at the 52-2 District Court in Clarkston.
It’s been a long time since there was any significant change at the court where the recently retired Judge Gerald McNally presided for 34 years. But now there are new people, new programs and Judges Dana Fortinberry and Michael Batchik have new plans.
Because of an increased jurisdiction this year, (52-2 serves the villages of Clarkston, Holly and Ortonville, the townships of Independence, Springfield, Holly and Brandon, and now Rose Township and White Lake as well), Batchik was transferred from the 52-1 District Court in Novi where he began his judicial career in 1979.
Batchik isn’t seeing the Clarkston court for the first time, however. He was, in fact, behind the bench every other month for the past year to get accustomed to everything and everyone at the 52-2, before starting permanently at the start of this year.
He has two more years of his six-year term at which time he will be forced to retire because of his age. He will be 70 then, and the constitution says judges are not allowed to run for term after that age.
“I’m going to go kicking and screaming,” the 36-year White Lake resident said. “I’ve been a judge all these years and I’ve enjoyed it.” Prior to becoming judge, Batchik was a general practitioner for 13 years.
He has been married nearly 47 years to Connie, and the two have five children and seven grandchildren.
For Fortinberry, she said of her recently acquired position, “It’s exciting. It’s a new challenge which I was ready for.”
Fortinberry was voted judge in the November election against opponent Kelley Kostin. Fortinberry received 18,689 votes to Kostin’s 12,844. “I love the opportunity to work with Judge Batchik and all the wonderful staff at the court.”
Together Fortinberry and Batchik plan to bring changes to 52-2. “That’s what happens when you bring in different personalities,” Batchik said.
For starters, they have already accelerated the docketing of domestic violence cases. Anybody charged with the crime on a weekend gets a pretrial date on Monday and anyone charged during the week will see a pretrial date within seven days.
Prior, the responsible party would be arraigned and face a pretrial date a month or two later. Fortinberry said the problem with that is after that much time passes, the complainant is less likely to follow through with the charges and often dismisses them.
With accelerated docketing, Fortinberry said, “we can hopefully save some lives, prevent someone from being hurt and prevent children from being exposed to constant violence in the home.”
The judges have also been hearing a lot more cases daily. “We’re adamant things are heard right away,” Fortinberry said. Both recently met with police agencies on how to speed up the process and paperwork for bringing cases to the court.
“We’re fortunate the staff is hugely efficient as well,” she said. New to the court staff is court recorder Jill Palulian, who can also be seen on the Independence Township Planning Commission. White Lake attorney Colleen Murphy is expected to be approved at the Jan. 30 County Commission meeting as the court’s new magistrate, replacing Kostin who is now at the 52-3 Rochester District Court.
Fortinberry sought Murphy because she brings perspective from one of the jurisdiction’s new communities. “She is highly respected and a hard worker.”
New to the court in terms of programs is the Oakland County Teen Court which allows trained high schoolers to take on the identity of jurors, prosecuting and defense attorneys, bailiff and clerk during cases in which juveniles are charged with minor crimes. Clarkston schools had their chance at the roles Jan. 13 and other sessions with various schools are already scheduled through March.
Batchik and Fortinberry are hoping to set up a community service program by spring which will feature a garden defendants of minor crimes will be sentenced to work in. Batchik implemented this program in Novi in 1986 and found it a success.
The produce grown in the garden will be donated to charitable centers. “It’s a win-win situation,” Fortinberry said. Volunteers and land are still needed before it can become a go.
The judges also hope to establish a sobriety court if they get the program funding; a court-in-schools program where docketed cases are taken to school auditoriums and court is held there for government classes to view; and begin video arraignments as soon as possible. This will save a lot of time and money not having to transport defendants from the jail to the court. Arraignments will be done over the camera while defendants are still in jail. The 52-2 building is already wired for the procedure.
“We’re both just pleased to be here,” Fortinberry, who will have her investiture Jan. 29, said. “We both see eye to eye. We have the same vision on how to run the court and how to serve the public. I think we’re gonna see great things happen.”
Batchik joked, “We’re number two, but will be number one shortly.”