You might think that the one place in T-Town politics that would be august, austere and above the whackadoo world of ruff 'n tumble would be the Toledo Municipal Court. You might think the Muni Court judges are staid, respectable, majestic and sober, and decidedly above the normalpolitical fray. Yes, you might think that.
And of course, you would be wrong.
Judging Amy
First a bit of history. Early this year a memo surfaced detailing disorder in the court, most specifically in an ongoing series of spats between Judge Robert Christiansen and Judge Amy Berling, both Republicans. Berling accused Christiansen of screaming obscenities, including dropping F-bombs, and generally violent behavior. Christiansen shot back that Berling has a constant prevarication problem. Not to be upstaged, Berling was quoted in response stating that Christiansen should go to his “little quiet place.” The precise location of said place was not disclosed.
Judge Christiansen had come under additional fire for possible excessive absence from the Court. During City Council budget hearings, Councilman D. Michael Collins objected to mounting costs at Muni Court, including over a month of leave taken by Judge Christiansen in 2011 alone.
Christiansen, of course, has an interesting electoral history. Appointed to Muni Court in 1981, then lost election to the seat. Appointed to Court of Common Pleas in 1983, won election to the seat through 2005. Ran for Court of Appeals in 2004, lost. Ran for Muni Court in 2005, won with less than fifty percent of the vote because two Democrats split the remainder. Ran for Court of Appeals in 2010, lost. Ran for re-election to the Muni bench in 2011, and despite some unfavorable ratings from the Toledo Bar Association, won. Ran for Court of Appeals in 2012, lost.
The accusations against Berling came from all six of her colleagues, however. A grievance letter they all signed was sent to the Ohio Supreme Court’s disciplinary office, stating fears that Berling is mentally ill and a threat to court employees. The letter called Berling’s behavior “aberrant” and goes on to say, “words come short of describing the effect [of] Judge Berling’s mania” on the functioning of the court.
A memo signed by the six judges as well as Clerk of Courts Vallie Bowman-English was served to all court employees, ordering that “all staff is prohibited from having any contact and communication with Judge Amy Berling of any kind at all times.” Pretty stern stuff, indeed. The memo softens a bit, allowing that “the work of the court must get done nonetheless,” so otherwise prohibited communication is allowed “only if they pertain to Judge Berling’s cases.” All such communication must be memorialized in writing. According to the letter, this is mandated so that “she cannot twist what was discussed orally.”
Electile dysfunction
The melee in Muni seemed to have calmed down in the intervening months. Then late in July Berling released her answering salvo, filing a grievance with the Ohio Civil Rights Commission claiming harassment based on her gender and perceived disability. Meaning folks are treating her funny because they think she’s a nutcase. The fact that one of her colleagues, Judge Michelle Wagner, joined the five male judges in signing the letter, and Bowman-English also signed the memo, makes a gender-mixed group accusing her of daffiness.
What to do about Judge Berling? The letter asked the state disciplinary board for assistance, but noted a similar plea in 2007 yielded no results and concludes by saying, “we have tried everything, and are left with no resort.”
Well, maybe one resort.
Re-enter Judge Christiansen. He has now announced that he will run against Berling in the Muni Court election in 2013 with the intent of knocking her from the bench. Berling is in her third term, having won re-election in 2007 without opposition. Christiansen says he’ll detail all the reasons she shouldn’t be a judge after this November’s elections are over.
It’s a no-lose proposition for Christiansen. If he wins, his term is reset to 2019. If he loses, he retains his current seat. Of course, having two Republicans in the race should make it easy for a Democrat to benefit from the split vote and win.
Berling says the threat of the ballot box is just another example of Christiansen trying to bully her. With his mixed electoral results, is it a very serious threat? Berling also contends she is not, in fact, mentally ill.
Lost in all of this are the rights of the accused in Toledo Municipal Court. If you get arrested in Toledo, can you ask for a change of venue?
In the long term, can we stop having unopposed judicial elections? And folks, please take the time to research judicial candidates and vote. Preferably for those playing with a full deck.
