Published: May 09, 2008 12:19 am            

Five running for position as family court judge

Four Democrats are on ballot; GOP candidate unopposed

FAIRMONT — Four local attorneys have jumped into the race for Marion County family court judge, hoping to unseat the incumbent who has held office for the past 22 years.

In the Democratic primary Tuesday, incumbent David Born will face Amy Swisher, Marci Carroll and Stephen Fitz. The winner of Tuesday’s race will go on to the Nov. 4 general election against Shirley Stanton, who is unopposed on the Republican primary ballot.

The Times West Virginian editorial board sent questionnaires to each one of the candidates in the county’s contested races on the May 13 ballot.

A question was selected for each race, giving the candidates the opportunity to answer a question about the position they are seeking as well as provide background information about themselves.

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Name: David P. Born

Address: RR 3 Box 277-C, Fairmont

Background information: Has served as Family Law Master and family court judge since 1986; prior to 1986 was an assistant prosecuting attorney for Marion County and in private practice of law in Fairmont; lifelong resident of West Virginia and raised in Marion County; educated in Marion County schools and graduated from East Fairmont High School in 1972; attended West Virginia University, earning undergraduate degree in 1976 and law degree in 1979; son of Donald D. Born of Pleasant Valley and Sara P. Fuqua of Morgantown; he and his wife, Beverly Rush Born, have been married for 31 years and have three children, Hannah Maxwell, Elliott Born and Meredith Born; founding member of the West Virginia Family Court Association and was its first president; active in family law matters in West Virginia since 1986 and has taught continuing education in family law for judges and lawyers; served on the Judicial Hearing Board, a body that hears complaints concerning judges and magistrates; and has worked with the Legislature to make changes on family law matters.

Boards and organizations: Member of the Valley Chapel United Methodist Church, where he sings in the choir; member of the executive board of the Mountaineer Area Council, the local Boy Scout Council and serves as the Council Advancement Chair.

How do you think the family court system can be improved? By continued work with the Legislature and the West Virginia Supreme Court of Appeals to provide adequate laws and court resources so litigants have an opportunity to have family law concerns addressed in a fair and timely manner. Continued work needs to be done to provide simple to use but adequate do-it-yourself forms for those who must or choose to present their case without the aid of an attorney. Legislation and form design are done in Charleston and are not currently in the control of an individual judge, but judges can and must continue to give advice and suggestions for changing laws, forms and procedures to make them more user friendly and still adequately present the information the court needs.

The judge of the family court of Marion County must also continue to work with the county commission to secure adequate and safe space for the court, the people who work in the court and the people of Marion County who use the court. Marion County and its leaders have always provided a dignified and convenient setting for the family court, and with some additional space and security improvements, the facility would be one of the very best provided to a family court in West Virginia.

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Name: Amy Swisher

Address: 314 Layman Street, Fairmont

Background information: Born and raised in Marion County; husband Jeffrey Swisher; two children, Gannon, 4, and Lex, 2; parents are John and Suzanne Floyd of Fairmont; maternal grandparents are the late Waldo “Tootie” and Eloise O’Dell of Fairview, the co-founders of the Fairview Bit Shop; attended various Marion County elementary schools, including Watson, Jayenne and Miller Junior High School; graduated from Fairmont Senior High School; graduated from Fairmont State College with a BS in business administration and an AAS in food service management in 1993; graduated from West Virginia University College of Law; following graduation from college, worked as manager of the Fairmont Field Club, as the dietary manager of St. Barbara’s nursing home and as a legal assistant for a local attorney; following graduation from law school, worked as an associate for a local law firm; in 2003, started firm Curry & Swisher with partner Roger Curry; have been practicing family law almost exclusively since graduation from law school.

Boards and organizations: Marion County Bar Association, current president.

How do you think the family court system can be improved?

Rulings must be based in the law and reality. People involved in family court cases must be treated with respect, shown compassion and kindness, and be given an appropriate amount of time to be heard. People involved in family court cases deserve to be listened to, not just heard. Domestic violence cases are serious cases that generally need to be given more than 15 minutes of judicial time. Additionally, there should be ramifications for those who fraudulently file for a domestic violence protective order. Real evidence must be heard.

Our children must always come first. Parenting plans should not be the same for every family. The judge must determine the facts for each individual family and customize a parenting plan for each family based upon those facts. Orders must be enforced.

The judge has several ways to enforce orders, and she should use them. Marion County’s family court needs a full-time bailiff. People in family court cases should feel safe while in court and waiting for hearings. The judge must make practical, “common sense” rulings.

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Name: Marci R. Carroll

Address: 815 Vermont Avenue, Fairmont

Background information: Daughter of divorced parents; neither a spouse nor a parent, so can judge domestic problems more objectively; shares a duplex-style house with mother and her longtime significant other; five dogs who were all “rescued;” graduated from East Fairmont High School in 1990; a WVU National Merit Scholar and a WVU Presidential Scholar; graduated first in class, earning a degree in sociology from WVU in 1994; Outstanding Senior in university-wide Honors Program and earned membership to Phi Beta Kappa; graduated from WVU College of Law in 1997; earned position of research editor for the West Virginia Law Review; teaching assistant in legal research and writing, active in M.E. Lugar Trial Association and served as president of the Volunteer Law Clerks Association where she supervised the creation of a judicial bench book relied upon by circuit court judges statewide; since becoming an attorney, has taken the vast majority of continuing legal education credits in family law; prior to becoming an attorney, held several jobs in the legal field and retail; returned to Fairmont to start own law office in 1998, accepting cases in a wide rage of civil law matters, including family law; family law became increasingly large part of practice, and practice became limited to that area in 2003; appointed by various circuit courts to serve as guardian ad litem/custody evaluator in specific cases; majority of family law practice remains private representation of both men and women; served as mediator in general civil and family law cases.

Boards and organizations: Member of Marion County Bar Association, previously served three years as officer, culminating with term as president in 2005-06; member of Family Law Committee of West Virginia State Bar Association and serve on alimony formula subcommittee; member of Fairmont Lions Club; prior to announcing candidacy, was member of Marion County Deputy Sheriff’s Civil Service Commission and served two years as president.

How do you think the family court system can be improved?

There are several harsh economic realities that no family court judge can solve. However, I know from my 10 years experience practicing before family courts throughout the state that there are many areas in which we must — and can — do things differently.

I developed a six-point platform that will not only protect and promote the best interests of children, but will also afford a better experience and end result for the parties. Some of these ideas may sound like (and probably should) common sense, but they are areas that are in desperate need of improvement in Marion County’s family court.

Parties should be treated with dignity and respect; parties deserve to be heard and have a reasonable opportunity to present their case; parties deserve to have the law applied fairly and consistently; family court must issue reasonably detailed orders that are enforceable and must enforce the terms of the order that it has entered; family court must issue a temporary order even earlier in cases so that the parties and their children are not floundering in legal no-man’s land; and parents, even parents of teenagers, should be allowed to continue to be parents.

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Name: Stephen S. Fitz

Address: Route 6, Box, Fairmont

Background information: Trial attorney; has represented fathers, mothers and children before family courts and circuit courts throughout West Virginia; grew up in a large family as the youngest of six boys; father served as a pastor and a family counselor for more than 45 years and his mother worked as a Christian educator and piano teacher; married to his wife, Rhonda, for more than 18 years and they have resided at Rock Lake for the last 15 years; five children: Coriana 14, Connor 12, Carmalyn 9, Caomi 7, and Chloelle 4.; graduated with honors as a participant in the university scholars program from Penn State in 1988; 1994 graduate of WVU College of Law; started his legal career as an associate with a small firm in Fairmont, and in 1998, opened up his own law practice where he has concentrated in family law, juvenile law, personal injury, criminal law and lemon law.

How do you think the family court system can be improved?

A family-centered approach to promote cooperative resolutions; providing stability and permanency in a child’s life; compassionate, respectful treatment of all individuals; providing ample time for each party to voice their concerns, yet making prompt decisions to allow families to move forward with their lives; practical, common sense solutions.

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Name: Shirley J. Stanton

Address: 12 Pheasant Drive, Fairmont

Background information: Daughter of the late Alston B. Champ and Lena E. Golden; wife of attorney G. Patrick Stanton Jr.; mother of two, George P. Stanton III and E. Scott Stanton; four grandchildren; Fairmont State graduate of political science and education; 1972 graduate of University of Maryland School of Law; 36 years as practicing attorney; five years as in-house trial counsel for Blue Cross/Blue Shield of Maryland; judge on the Workers’ Compensation Appeal Board for four years.

Boards and organizations: Fairmont State University Board of Governors; Fairmont State University Foundation; Fairmont Field Club Board of Governors, corporate secretary; state president West Virginians For Life; former Marion County BOE member; chamber of commerce; United Way of Marion County allocations committee; former Valley Community Mental Health board; former board member for Marion County Library; former member and past president of Marion County Health Department; member and past president Marion County Bar Association; member Christ Community Church PCA.

How do you think the family court system can be improved?

The Marion County family court room is exceptionally small, and therefore somewhat intimidating in that attorneys, parties, witnesses and the judge are nearly within an arm’s length of each other. I would advise the West Virginia Supreme Court of Appeals, which is responsible for family court facilities, of the need for a larger courtroom in order to present a safer, dignified and more efficient facility for adjudicating sensitive domestic relations matters.

I would also recommend that the position of “secretary clerk” provided for by the West Virginia Code be expanded to assist the family court judges by drafting orders based on the judge’s notes, assisting with legal research. Drafting orders, mostly in cases where the parties do not have attorneys, is very time consuming, as is legal research and are tasks regularly performed by the law clerks provided for circuit judges, thus freeing the judge to hear cases in a more timely manner than now is possible. The clerk would also assist by holding scheduling conferences and providing the statutorily ordered services to assist parties in how to prepare parenting plans, inform them concerning mediation and reaching agreements (see W.Va. Code 49-9-202) and additionally, to answer questions concerning the court provided forms which the circuit clerk provides for parties.

Today, attorneys fees for domestic relation cases are out of reach of a lot of people. A divorce for ordinary people can cost $2,500 to $7,500 or more. And even though the “do it yourself forms” provided by the court are getting better they are still very confusing for many litigants.

I would recommend to our legislators that they pass legislation granting grandparents easier access to the family court in child custody matters. Currently grandparents may only seek visitation by filing a petition in the family court or the circuit court and meeting the strict requirements therein (see W.Va. Code 48-10-101 et. seq.). Those requirements should be made easier. Grandparents may only seek custody of their grandchildren as any other person can under the W.Va. Code 48-9-103 (b) if they meet the stringent standards which define a “psychological parent.” I believe the standards which grandparents must reach to obtain visitation or custody should be re-defined to permit grandparents to more readily present their case to the court.

I have 30 years familiarity with West Virginia domestic relations law and if elected, I promise the citizens of Marion County that I will apply the law fair-handedly, equitably and with understanding and compassion in each case.

E-mail Misty Poe at mpoe@timeswv.com.

        

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