Justice Speeches

Chief Justice Eric Brown

Associations of Ohio Probate, Juvenile and Domestic Relations Judges Summer Conference

June 9, 2010

Judges, Justice O'Connor, family members and invited guests ...

I wish to thank Judge Powell for inviting me to say a few words this evening and I also thank everybody who had a role in organizing the educational and social programs for this week. You did a tremendous job.

I will spend the next few minutes describing the image of perfection.

Let me narrow that concept just a little.

That would be the image of perfection as drawn by the overly pampered athletes who are very well compensated for throwing a very small baseball a total of 90 feet, six inches. They have a very different idea of perfection than the rest of us.

A pitcher's idea of perfection is to throw that baseball so hard, so accurately that the grimacing, muscle-bound player standing at home plate will not be able to achieve a hitter's ideal of perfection ... a line drive that streaks past the out stretched glove of a center fielder.

Last week in Detroit, as most all of you know by now, for 26 batters ... Tiger pitcher Armando Galarraga had achieved perfection. Just one more batter to go ... and that 27^th batter already had two strikes against him.

We know the rest of the story. The batter laces a hit to the right side of the infield, and the tag at first base beats the runner by half a step ... but umpire Jim Joyce called the runner safe.

It has been described by baseball writers as the worst call in baseball in at least 50 years.

As soon as the next batter was out and the game was over, Joyce returned to the locker room and watched the tape ... not once, not twice. Joyce says that he watched it at least 20 times, but he says he knew immediately that he had made the wrong call ... preventing what would have been only the 21^st perfect game in major league history.

That's when Jim Joyce redefined everybody's concept of perfection.

He admitted he made a mistake and sought out Galarraga to apologize. In a rare act of courage Joyce took one more unusual step ... he told baseball writers he made a mistake.

The next day, as the Tigers took the field, Jim Joyce's fellow umpires crowded around him as he walked on to the field ... perhaps trying to protect him from what they feared would be the crowd's hostile reaction.

Their concerns were unfounded. Instead of boos and chants, the crowd cheered, as if to say, \"If we can't have a perfect game, we'll at least accept an apology."

Sports writers would have us believe that life imitates baseball.

I'm not sure what world they live in but the lives that unfold in our courtrooms certainly do not reflect the sense of fairness and decency ... and the acts of responsibility and acceptance that unfolded last week in Detroit.

In Probate Court, we can only dream that every family will either agree on the conditions of a will, or be willing to discuss their different perspectives in a productive manner.

In Juvenile Court, we can only dream that every child who comes before the court will learn the rules of the game and lead productive, fulfilling lives.

In Domestic Relations court, we can dream that the case load will decline ... and of those families whose problems persist ... every man, woman and child will be willing to seek the middle ground that is necessary to resolve the matter.

We can only dream that life imitated baseball. Then maybe your summer meeting this week could be the equivalent of the seventh inning stretch ... a time for all of us to stretch and re-energize ourselves.

You need a seventh inning stretch. We all do.

The work each one of you performs on a regular basis is demanding and contentious and time consuming. And the outcome of many of the cases before you could have a life-long impact on the individuals and parties involved.

For you, there is no such thing as an easy task.

To assist you with your responsibilities, the Supreme Court offers assistance in a wide variety of areas from educational offerings to case management evaluations.

One of the most notable offerings in the coming months will be the Ohio Summit On Aging, an idea that originated with Judge Tom Swift. The Summit will be held on Oct. 15 in Columbus, with the combined sponsorship of the Supreme Court, the Office of Governor Ted Strickland, the Office of Attorney General and the Ohio Association of Probate Judges.

Participation will be by invitation to approximately 230 judges, prosecutors, family advocates, as well as representatives from adult protective services, law enforcement, and funding authorities.

The goal of the Summit is to strengthen the collaborative relationships among community partners serving older adults, with specific focus on guardianship and elder abuse.

The Supreme Court Advisory Committee on Children, Families and the Court has completed the initial work on the proposed Minimum Standards for Guardians, and will submit the proposal to the Supreme Court for consideration later this summer.

The standards touch on a broad range of responsibilities for the guardian, including guidelines for filing a guardian's report annually, what is considered an appropriate relationship between the guardian and the ward, as well as the guardian's relationship with other family members and service providers.

The committee also developed proposed language that governs Least Restrictive Alternatives, Self-Determination of the Ward, and Conflicts of Interest.

As a former probate judge I support written standards for guardians, with the hope that standards will encourage more attorneys to serve as guardians.

The committee also made recommendations that would lead to improved data collection and preferred monitoring practices for judges.

If adopted by the court it will provide Ohio with its first comprehensive standards for Guardians and much of the credit for the recommendations should be shared by Judges Park, Alspach and Swift.

I thank the committee chairs and all members of the various committees that worked to develop the proposed standards.

A few weeks ago it was announced that Ohio would expand the "Alternative Response" pilot project now underway in 10 Ohio Counties that has proven so successful in responding to instances of abuse and neglect.

The pilot project allowed family and child welfare workers to intervene in such situations prior to a case being filed in court, minimizing the adversarial nature of the court process and providing the assistance the family might need.

An initial evaluation of the program concludes that the "alternative response" practice is safe for children and beneficial to families. Caseworkers and child welfare advocates say the flexibility that is built into the program helps them to tailor a response that addresses the needs of the family.

One of the most important findings is that the program reduced the removals and out-of-home placements of children. This is far less disruptive for the child, while also saving money for the county and state.

Here's one other interesting finding: About 40 percent of the county staff involved in the pilot programs reported that as a result of their participation, they were more likely to remain in the field of child welfare. That might not mean we've accomplished perfection but it tells us that the program is moving in the right direction.

The current goal is to add an additional 15 counties and already 19 counties have applied.

I have two other observations to make this evening that are not as easily defined as the programs I just discussed.

Since becoming Chief Justice I have met with leaders of the General Assembly from both parties and I can report that not a single member of the Senate and the House is talking about diminishing the independence and the impartiality of the judiciary. Very much to the contrary.

In fact during one meeting one member of leadership broached the topic of raising the pay of judges in Ohio. Although he recognized that while the state is facing an eight billion dollar shortfall in the next budget, this might not be the best time to broach the issue.

I know that some counties facing financial constraints have asked judges to accept salary reductions. We all recognize that these are difficult times and we all wish to help, but to take steps — even those that are well intentioned, that reduce judicial compensation — could create long-term challenges for judges and the judiciary.

I oppose these efforts.

For our constitutional system of government to function as intended by our founding fathers, the three branches of government must be in balance. One branch must not be allowed to draw down the financial resources of another branch.

I also wish to reiterate to you what I said a few weeks ago upon taking the oath as Chief Justice: I will not make drastic changes in the Supreme Court or programs affecting the judiciary. Over the course of nearly 24 years the outstanding leadership of Chief Justice Moyer resulted in a judiciary that is fair and efficient.

Umpire Jim Joyce might be able to improve on perfection, but any attempt to achieve perfection in the work of the courts will come only after a thoughtful and deliberate consideration of all the facts and the conditions before us.

Thank you for this opportunity and I now ask that the incoming officers of the Ohio Association of Juvenile Judges please come forward to take the oath of office.