Radzibon, McLennan running for probate judge

Incumbent Kenneth Radzibon is being challenged by former Presque Isle County prosecutor Don McLennan for Judge of the Probate Court. By law, both were required to declare on the non-partisan ticket. The candidates both ran uncontested in the August primary. Radzibon is seeking his fifth term as PI County Probate Judge, although the once part-time judgeship will be fulltime, exclusively in Presque Isle County, and be broadened to include civil and criminal matters. After 26 years as Presque Isle County prosecutor, McLennan has stepped down to focus on the campaign. Presque Isle Newspapers asked both candidates a few questions in an attempt to give voters a little more information about each candidate and why each is running for office. The questions, and their answers, follow:

What are your qualifications?

Radzibon: Over 23 years of judicial experience in probate, elderly law, family law (adoptions, three years-divorce), juvenile delinquency and neglect matters. My private law practice of over 23 years includes civil and criminal cases in District Court and civil cases in Circuit Court. Additionally, I served six years as referee and administrator for the 26th Circuit Court-Family Division.

McLennan: The law says that to be eligible to serve as judge one must be a licensed attorney with five or more years of experience. That initial requirement aside, I believe that my broad experience in all types of legal proceedings is an additional qualification. In addition to being ?technically qualified,? I genuinely care. I am a very good attorney and I?ve won difficult cases at the trial court level and in the appellate courts, but nothing is more rewarding for me than to know that at the end of the day I have made a positive difference in someone?s life or in our community.

Why are you running for office?

Radzibon: When I graduated from law school it was a proud day for my family, especially my grandparents, both immigrants from Europe. My grandfather told me to always remember the common person and help them. I saw in 1982 the opportunity to help people by running for Probate Judge, especially families, elderly and youth. I have run in every probate court election since, even though the position was considered part time and part paid. I intended to run again in 2006 even before the legislature converted the position to a fulltime and full paid job. The desire to serve the families, elderly and youth of our communities is what motivates me. It is what makes Probate and Family Court unique among the many courts of Michigan.

McLennan: This is a new kind of judgeship. It will involve criminal law, civil law, probate law, and child protection law. It is a position that is an extension of everything that I?ve been working on for my legal career. I sincerely believe that as prosecutor I have made a difference, and now this is an opportunity to go one step further and put that experience to good use. Serving as prosecuting attorney has given me an opportunity to make a living while contributing back to my community.

What personal strengths do you bring to the bench? What professional strengths?

Radzibon: Personal strengths include a fine education and the experience of raising a family. I have experienced the joy of adoption, the heartache of divorce, and the grief of losing loved ones to Alzheimer?s and death. I can relate to people in court from personal experiences in my life. Above all, my personal strengths include broad experience as both judge and practicing attorneys for many years. I can also relate to the professional challenges of the practicing attorneys before me. Nothing can compare to experience gained on the job.

McLennan: I believe that people who know me best will say that I am honest and fair and I truly do care about people. I am honored to have been given the trust of serving as prosecutor, and I have always felt compassion for victims. Those who know me will tell you that I have been tough when necessary but always fair with criminals. I have acted to protect our most vulnerable citizens and our environment. I strongly believe that all elected officials have a duty to be ethical. Along with those personal qualities, I am a very good attorney. I don?t claim to be a legal genius, but I have always worked hard to get the job done right. My parents taught me to be personally responsible for my actions, and that is the ethic I take to work.

Why do you believe you are the strongest candidate?

Radzibon: My 23 _ years of judicial experience in Probate and family matters. I have practiced civil and criminal law in my private law practice. My learning curve will be much shorter than my opponent?s curve. I have already learned the art of listening to both sides and doing my best to apply the law in making a just decision. It is interesting to consider that I am 54 years old while my opponent is 57 years old. It is entirely probable that whoever is successful in this election may only serve one term of six years and then retire. It would make sense not to train a new person when there is already a trained person doing the job.

McLennan: If the job had not changed, I would not be running for it. I have had this discussion with Ken (Radzibon) and he knows that my decision to seek this new judgeship is motivated by the fact that it will carry such broad responsibilities. In the past it was pretty much just trusts and estates. In recent years some family law components have been added. He has had difficulty merely meeting the demands of his current caseload. With the addition of civil and criminal cases, I am concerned that he will be overwhelmed. Not that it will be easy for me either. But the fact that I have had extensive experience in these areas of the law that will be so demanding on this new judgeship. The other judges see this, too, and that is why they have endorsed me. I will get the job done.

What challenges do you believe lie ahead for the probate court?

Radzibon: The challenge that lies ahead for the Probate Court is to broaden its coverage to include other courts while still retaining its focus or mission of service to families, the elderly and youth. I am concerned that Probate and Family matters not take a back seat to additional judicial duties. It is interesting to note that in 1796, the first organized court that was run in the Territory of Michigan was the Wayne County Probate Court. A full 40 years before we were even a state it was recognized that the need to provide for an orderly transfer of assets after death was needed to protect the farms and inheritances which families worked so hard to create out of the wilderness. Probate Court has always been a specialty court. That specialty should not be lost and need not be lost as it acquires additional duties.

McLennan: This is an exciting time for all of the local courts. Coordinating with the probate court, wo

rking together, we can really make a difference. There has been tremendous potential shown in what has been called ?drug courts? where treatment options can be provided. Sure, there will always be those defendants who only understand punishment, but my experience is that most of the folks who end up in court would rather not be there. We can do many things to facilitate change and that is good for them and good for us as a community. We need to accommodate change while working within a budget. Grant monies are available and must be aggressively pursued. The challenge is large; my commitment is sincere. We can do this!

The general election is November 7, with polls opening at 7 a.m.