Message from Mike

Thank you to the citizens of Cuyahoga County who had the courage to stand up and make the right decision. I will not misplace your trust.
Below is a quote that I have had on my Facebook page since the start of the campaign. It sums up my feelings towards why I did this and I hope that it inspires others to take a stand as well in future contests!

If you find faults with our country, make it a better one. If you’re disappointed with the mistakes of government, join its ranks and work to correct them… Run for public office. Comfort the afflicted. Defend the rights of the oppressed.
Our country will be better, and you will be happier, because nothing brings greater happiness in life than to serve a cause greater than yourself.
Fight to make sure every American has every reason to thank God, to be a proud citizen of the greatest country on Earth. With hard work, strong faith, and a little courage, great things are always within our reach.
Fight for what’s right for our country. Fight for the ideals and character of a free people. Fight for our children’s future. Fight for justice and opportunity for all.

The Cost of Judge McCafferty…

This is a piece that will appear in the Sunday edition of the Cleveland Plain Dealer, written by Michael Dylan Brennan, an attorney in private practice here in Cleveland and a former judicial staff attorney to the Honorable Kathleen Sutula. The column essentially sums up everything that we have been trying to get across to voters and is presented in its entirety below:

 

What Judge Bridget McCafferty costs us all: Michael Dylan Brennan

Published: Sunday, October 31, 2010, 3:00 AM

Plain Dealer guest columnist

By Michael Dylan Brennan

Cuyahoga County Common Pleas Judge Bridget McCafferty is disqualified from the bench but is still accepting an annual salary of $121,350. This Tuesday, she is asking for your vote to re-elect her so that she can keep collecting that salary.

Bridget McCafferty’s and Jimmy Dimora’s trial is not scheduled to begin until Sept. 12, 2011. They and several others were arrested on Sept. 15, 2010. By not resigning and dropping out of the race, she is asking for a year or more of her salary while disqualified to serve.

In addition to the annual $121,350 the taxpayers are paying for a judge who cannot hear cases, we are also paying $400 per day to a retired judge to hear the cases on her docket while the charges remain pending. By Sept. 12 of next year, assuming five days a week of service, this would exceed another $100,000 of taxpayer money.

But this is not just about the money. There is a larger principle at stake: public confidence in the judiciary.

Judges are subject to the highest standard of ethical conduct. Rule 1.2 of The Ohio Code of Judicial Conduct states that, “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.”

The Code of Judicial Conduct does not set forth specific examples nor mandate a judge’s resignation. However, the official comments with the rules observe that “[th]e test for appearance of impropriety is an objective standard that focuses on whether the conduct would create, in reasonable minds, a perception that the judge violated this code, engaged in conduct that is prejudicial to public confidence in the judiciary, or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament or fitness to serve as a judge.”

When Cuyahoga Common Pleas Judge Michael Gallagher was arrested back in 1995 on drug-related charges, he refused to resign as well. He collected his salary for seven more months while disqualified from the bench. After his conviction, he was disbarred. Ohio Supreme Court Justice Evelyn Lundberg Stratton, in her concurring opinion, wrote:

“[A]lthough the law did not require the respondent to resign from office upon his arrest, and he retained a presumption of innocence, respondent knew [his conduct]. He had a moral obligation to resign from his position. Yet he continued to draw his judicial salary, funded by taxpayer monies, from Aug. 3, 1995 until March 4, 1996. This created an appearance of impropriety and seriously damaged the public image of the judiciary.”

Even with the presumption of innocence, can Judge McCafferty read Rule 1.2 and its comments and fairly maintain that she is promoting public confidence in the judiciary and avoiding even an appearance of impropriety as she holds on to the bench and draws her salary while disqualified from acting as a judge due to her indictment in the county corruption probe? And further, ask the electorate to re-elect her under these circumstances? I don’t think so. Apparently, she thinks otherwise. And in this unique instance, you — the voters of Cuyahoga County — can weigh in as well.

We are fortunate that McCafferty is not running unopposed. Her opponent, Michael Astrab, is qualified and ready to take the bench. Astrab’s ratings on judge4yourself.com were higher than the incumbent’s even before her indictment. As such, Astrab stood to be the better choice regardless. In light of her indictment, his election should go a long way toward restoring the public trust in the local judiciary. He is also the more economical choice. Elect Michael Astrab, and pay for one judge, not two, to do the work of one.

Like all criminal defendants, McCafferty is entitled to a presumption of innocence before trial. She is not entitled to keep collecting her salary while she prepares her legal defense if we vote to replace her this election.

Do not be fooled by the name game: This year, it will cost twice as much money in salaries and an immeasurable sum in eroding public confidence in the judiciary.

Brennan is an attorney based in Mayfield Heights and a former judicial staff attorney for the Cuyahoga County Court of Common Pleas.

© 2010 cleveland.com. All rights reserved.

The Plain Dealer Features Mike Again!

At times party loyalty must cede to common sense. This is one of those times.

More From the Plain Dealer…

The Plain Dealer addressed Mike’s race again in its Sunday, October 17^th edition. We have attached the entire unedited article below for your review. It reiterates our biggest position in this race right now – Mike is ready, willing and ABLE to take the bench on January 11, 2011. His opponent is currently under PAID suspension and NOT eligible to sit on the bench, nor will she be eligible until late 2011 at the absolute earliest, as her trial is scheduled for 9/12/11.

Mike has served as a trial attorney, financial advisor and small business owner and will bring Honesty, Integrity and Real World Experience to this particular bench. He has the support and endorsement of groups from both sides of the political spectrum and humbly asks for your endorsement through your vote in this year’s election! Be sure to check out the other posts on this site for more detailed information about Mike, including some of the administrative issues he would like to address upon his election.

 

Vote to oust Bridget McCafferty: Editorial

Published: Sunday, October 17, 2010, 5:00 AM

The Plain Dealer Editorial Board

Cuyahoga County residents who believe in a fair and impartial judicial system need to educate themselves about the candidates. Only then can they defeat the “name game” that continues to dominate this county and tempts political parties to default to candidates with a perceived golden last name rather than adequate legal qualifications.

If anyone wishes to be reminded of the consequences of this game, they need look no further than this name on the Nov. 2 ballot: Bridget M. McCafferty.

The indicted Common Pleas judge, who has pleaded not guilty to a felony charge of lying to federal agents, is running for a third term.

Even before the 44-year-old Democrat was led, handcuffed, into court last month in connection with the largest public corruption probe in county history, she was a textbook example of how a good surname and powerful political connections can trump qualifications when it comes to winning a seat on the bench.

The name game helped launch McCafferty in 1998, carrying her through a crowded Democratic primary and past a respected Republican incumbent even though legal observers questioned her readiness. She won again six years later, despite dismal evaluations from local bar groups. And for those who doubt the power of ballot blarney, McCafferty, already identified as Public Official 4 in the federal investigation, coasted though another primary this spring.

Voters, don’t be fooled again in November. McCafferty’s name remains on the general election ballot; pay it no heed. She has a worthy Republican opponent in Michael Astrab, a criminal defense lawyer. Vote for him instead.

The Ohio Supreme Court, pending the outcome of McCafferty’s case, has put her on administrative leave with pay ($121,350 a year). Even if re-elected, she won’t be on the bench anytime soon: Her trial date is Sept. 12, 2011.

At least the Democratic Party is removing her name from sample ballots. But the McCafferty case spotlights a larger issue: How to get better-qualified judicial candidates.

Legislation requiring more legal experience before someone runs for judge might help. But golden names can always wait a while.

Michael Ungar, president of the Cleveland Metropolitan Bar Association, has a better idea. He’s asked a task force of local attorneys and a retiring Common Pleas judge to come up with a plan to groom prospective judges and vet them early — before party endorsements. Ungar has also suggested regular evaluations of sitting judges, an idea that’s not too popular at the Justice Center. Since the election process is driven by politics, it’s encouraging that Democratic County Chairman Stuart Garson and his GOP counterpart Rob Frost at least have agreed to participate in these discussions.

To give voters more information, The Plain Dealer endorses early in Cuyahoga County judicial races. Evaluations from four bar groups are available at the judge4yourself.com website.

McCafferty is the best example of what happens when parties don’t screen for quality — and voters don’t do their homework. Do yours before Nov. 2.

© 2010 cleveland.com. All rights reserved.

IN THE HOME STRETCH

The past ten months since Mike decided to step up and run for Judge have gone by very quickly. We are now in the Home Stretch of the campaign but we cannot and will not let up the fight. Mike’s opponent maintains strong name recognition and still stands to gain a great deal of votes from her loyal followers. Here is an update of some campaign activities from the past few weeks!

Mike has been campaigning hard as we near the finish line of this marathon. Here is a sample of some of the media exposure that Mike has garnered over the past few weeks:

• Interview on WEWS Channel 5
• Appearance on The Matt Patrick Show (WTAM)
• Appearance on The Mike Trivisonno Show (WTAM)
• Endorsed by the Plain Dealer
• Featured in Scene Magazine
• Interviewed by Marsha & Jim from Blogtalk Radio
• Appearance on the Bob Frantz Show (WTAM)
• Appearance on the Bill Wills Show (WTAM)
• Appearance on The Advocate Show (WHK) – upcoming

In addition, Mike’s campaign has been discussed in various television, radio and print stories that are serving to let the public know about this nationally unique race.

Aside from the media coverage he has been afforded, Mike has also been out and about town, recently campaigning at high school football events in Westlake, Strongsville and Parma. He has recently appeared and spoken at events in Parma, Strongsville, Lyndhurst, Mayfield Heights, Richmond Heights, Brecksville, Brooklyn, Broadview Heights, Walton Hills, North Royalton, Solon, Brook Park, Slavic Village, Downtown Cleveland and Rocky River. Mike also worked the crowds at the West Side Market, the Taste of Cleveland, the Columbus Day Parade in Little Italy, the Berea Festival of the Arts, Strongsville’s Art at the Chalet, President Clinton’s speech at Tri-C Metro, Strongsville’s Breakfast on the Bridge, the Portman/Fisher Senatorial Debate, Nan Baker’s Pancake Breakfast, the Rocky River Chamber of Commerce’s Business to Business Expo and many other festivals and gatherings.

The most satisfying part of campaigning has been talking to voters one-on-one and letting them know who he is and what he will bring to the bench. His goal is to win this campaign one voter at a time. From the cashier at Wal-Mart to the three baristas at the Starbucks in Brecksville or the woman in the Huntington Garage elevator, Mike is working hard to get his message out to the public and win their support!

Finally, Mike is most proud of the bi-partisan support that he has been receiving. For example, his campaign has been endorsed by Cuyahoga Valley Republicans as well as the Americans for Democratic Action – two groups with widely differing political views but an agreement that Mike is the best choice for this seat. All across Cuyahoga County he has obtained support from people who identify themselves as ultra-liberal and ultra-conservative, democrat and republican, Christian, Muslim and Jewish, but united in their opinion that Cuyahoga County needs change and that this race is the best place to start working together for that change!

Mike humbly asks for your vote in this race and asks you to please continue spreading the word about his campaign!

Your Tax Dollars at Work…

It is well known that Mike’s opponent, Bridget McCafferty, is currently under federal indictment on charges of providing false information to law enforcement officials. What is not well known is that she is currently collecting her full salary of $120,000 and will continue to collect that salary if the voters choose to re-elect her on November 2^nd. On top of that, the taxpayers are also on the hook for at least $400 per day for a visiting judge to cover her docket in her absence due to the fact that she has been suspended and cannot serve officially as a judge.

The position of Mike’s campaign is and has been to honor the fact that Judge McCafferty is innocent until proven guilty. We respect the fact that she has chosen to proceed to trial in this matter, which is clearly her right. The campaign, however, believes that she needs to step aside and take care of the legal proceedings against her out of her own pocket and not at the expense of the taxpayers, which is exactly what will happen if she is somehow re-elected. Judge McCafferty’s trial date is currently scheduled for 9/12/11 and is allegedly set to last around 40 days, according to the U.S. Attorney’s office. This means that the taxpayers will be funding McCafferty’s salary for at least another year from today, if not more…

The Plain Dealer summed it up perfectly in their endorsement of Mike when the editorial board addressed Judge McCafferty stepping aside:

“That kind of selfless sacrifice would speak to the credibility of the court, the accountability of elected officials and her own ethical standards. It would show respect to a public victimized by political predators, and it would set a needed precedent in a county with a government corroded by corruption.”

Plain Dealer Endorsement Text

On Sunday, September 26^th, the Cleveland Plain Dealer, Ohio’s largest newspaper, endorsed Mike’s candidacy for the Cuyahoga County Court of Common Pleas. We have placed the text of that endorsement below. The entire article can be found online at http://www.cleveland.com/opinion/index.ssf/2010/09/the_plain_dealer_endorses_mich.html. There are Facebook and Twitter links available on that page, and we’d greatly appreciate anyone re-posting the article onto their respective pages.

This race is far from over, but the attitudes of voters are slowly changing and we hope to be able to help usher in a new era for Cuyahoga County on November 2^nd!

Text of Plain Dealer Endorsement:

If indicted Cuyahoga County Common Pleas Judge Bridget M. McCafferty truly believes in the integrity of the judicial system and the tenets of the Democratic Party to which she appears to have such strong allegiance, she will end her stubborn and irrational re-election bid, and resign.

That kind of selfless sacrifice would speak to the credibility of the court, the accountability of elected officials and her own ethical standards. It would show respect to a public victimized by political predators, and it would set a needed precedent in a county with a government corroded by corruption.

Resigning would not be an admission of guilt, and McCafferty is entitled to the presumption of innocence. But the federal criminal charge levied as part of a far-reaching corruption probe has tarred her ability to mete out untainted justice. Until that taint is removed, she must step aside.

That McCafferty, 44, does not recognize the importance of doing so says much about her suitability for the bench.

Although she is a sitting judge running for re-election, McCafferty has never won the endorsement of The Plain Dealer editorial board — unlike more prominent indictees such as Cuyahoga County Commissioner Jimmy Dimora and now-convicted former Auditor Frank Russo, repeatedly endorsed on these pages, albeit often with faint praise.

“This will make me a better judge and a better person,” McCafferty told reporters on the steps of the federal courthouse, shortly after pleading not guilty to a felony charge of lying to FBI agents investigating, among other things,

whether Dimora influenced litigation in her courtroom.

Fortunately, neither the Ohio court system nor her political party believes that.

Recognizing the importance of keeping a judge facing felony charges from ruling on other cases, the Ohio Supreme Court put McCafferty on an immediate administrative leave with pay, pending the disposition of the case against her. If she is found guilty, she will be suspended without pay and could be disbarred.

Her name also has been removed from sample ballots sent to Democratic voters to guide their choices in the November election. It is too late to have McCafferty’s name taken off the Nov. 2 general election ballot, but voters should do the right thing, and elect her opponent.

Michael Astrab, 38, a respected criminal defense lawyer, deserves the opportunity to serve. He would be the better choice in this race even if McCafferty were not facing charges.

Astrab has experience, energy and a credible strategy to make the court more effective, efficient and technology-friendly. He has represented clients in both the Juvenile and Common Pleas courts. The Norman S. Minor Bar Association and the Ohio Women’s Bar Association rate Astrab higher than McCafferty, who was not recommended by the Cleveland Metropolitan Bar Association.

Astrab offers voters a chance to effect positive and meaningful change on the bench. Voters should accept that chance.