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SIERRA VISTA — The three candidates for Superior Court Division 1 judge’s seat argued their case, so to speak, during a Thursday forum.
Joel Borowiec, Charles Irwin and Mark Suagee discussed their philosophies and how they approach the role of being a judge.
The Sierra Vista Bar Association sponsored the forum held at Pueblo del Sol Country Club.
 Joel Borowiec, left, and Charles Irwin, candidates for Cochise County Superior Court judge, chat prior to Thursday's forum held in the Pueblo del Sol Country Club conference room. (By Mark Levy-Herald/Review) |
Borowiec, a private practice attorney, and Suagee, county public defender, are Democrats. Irwin, chief civil deputy attorney for Cochise County, is a Republican.
Whoever wins the Democratic primary next month will face Irwin in what is a non-partisan race this November.
The winner of the general election will succeed Presiding Judge Tom Collins, who is retiring.
During the forum, moderated by local attorney Bob Stachel, each candidate answered either questions submitted in advance or from audience members.
All three went over their backgrounds and why they wanted to sit on the bench.
Suagee said he has a love of the law, which governs this society.
“Across the board, we need justice,” he added. “To do that is intriguing.”
Irwin said he loves his job and feels he is the most qualified to handle the office.
During the eight years he served as a Superior Court judge, he had “never been more energized by being part of the resolution of conflict in this chaos we call our legal system,” he said.
Borowiec, whose father Matthew was a prominent attorney and judge in Cochise County, said after 20 years of practicing law, he has the background to sit on the bench.
“You have to do everything around here,” said Borowiec, referring to his civil and criminal trial background.
He believed this was a logical step for him to have more impact in the legal system.
The candidates also told the audience which judges most influenced them.
Irwin said the philosophy of John Roberts, U.S. Supreme Court chief justice, impressed him and “confirmed my idea of what a judge is supposed to be.”
Suagee said a Montana judge, Leonard Langen, was an influence because of his no-nonsense manner. “He was really the first person who gave me the feeling of what it was all about,” Suagee said.
Borowiec said his father taught him about the challenges of the law profession, while another attorney he worked with taught him the importance of reading, listening and using common sense.
All three candidates said their party affiliation has nothing to do with how they would conduct themselves as a judge.
“The best thing you can do is watching what’s going on (in court),” Borowiec said.
Suagee, meanwhile, suggested politics has no place in judging, which is based on hearing evidence and making those decisions that are not comfortable.
Irwin said while some people may like labels and boxes, “the law is the law, and my judicial philosophy is, we’re not here to create law.”
Fair-minded judicial temperament, Irwin said, is to show respect to everyone in the courtroom, including the person on trial, have patience and don’t allow buttons to be pushed.
Suagee compared the job to being above the storm, and avoiding frustration.
“Decision-making is crucial, and I believe this comes from my upbringing,” he added.
Borowiec sad the American Bar Association has a definition of good judicial qualities: kindness, courtesy, having an open mind and being free from bias.
Judges, he added, must pay attention to the facts.
Each man said he is prepared to put in the hours it takes to do the job well.
When asked to define what restorative justice means, Irwin said it essentially means parties resolving an issue and being made whole.
Navajo courts have a system based on conciliation, and “the law should always to do that,” Suagee said.
Borowiec said he hopes the law will assist the court in trying to “make the system work.”
From O.J. Simpson to JonBenet Ramsey, Americans are fascinated with sensational murder cases, and one audience member asked the candidates how they might handle such a trial if it happened in their courtroom.
Borowiec said such cases pose a problem, so a judge must get the trial moving forward to its resolution. In the end, he added, “you deal with them as best you can.”
Suagee brought up access issues for the media and said all cases are same: “They have to be moved (to a conclusion).”
Irwin said the Simpson case was an example of a judge losing control of his courtroom, adding a judge’s job is to make sure all parties involved have a fair shake.
Media can play a role in how the general public views the legal world, and sometimes that can lead to misperceptions.
Irwin said the judge is viewed as a powerful “all-seeing being. A lot of time, people think judges have authority to do things they just can’t.”
Suagee said people may wonder how a lawyer can represent someone who is guilty, but that is a cornerstone of American civil liberties. The real-life legal world is spent at a desk, which can be dull, he added.
Borowiec said there is the myth that “you can have court fix every situation.”
“You may get some relief, (but) if you can avoid a problem, avoid it,” said Borowiec, who added a plaintiff, for example, should understand the outcome of a case may not be exactly as he or she would want it.
HERALD/REVIEW reporter Karen Weil can be reached at 515-4692.
Joe Hicks wrote on Oct 8, 2007 2:22 PM: