By By MARCIA STEFFENS / Dowagiac Daily News
CASSOPOLIS – Some people never face the man behind the bench and consider themselves lucky.
Judge Michael E. Dodge would also rather not find you in his courtroom – the Circuit Court of Cass County – unless you are a juror.
For 25 years this February, the judge has been the deciding force in seeking justice for all concerned.
He has heard and seen victims who try to remain composed as they recount the details of their home invasion, assault or personal violation – rape.
The words of the attorneys begin to sound old and repetitious, with promises of turning a new leaf and never again touching the bottle.
Seated in chains, dressed in orange, the defendants could take on a single face.
Still, "this is their one day in court," he said. "They may have sat in the jail for two or three months and now this is their opportunity to express to me."
So before sentencing, he listens and asks if that is all they wish to say, deciding many times whether to keep them in the local county jail or send them off to the Michigan Department of Corrections.
"I explain my reasons. They may not like it," he added. "I try the best I can."
Behind his work in the 15 or 20 minutes per defendant at the Friday morning docket is an hour or more of studying the preliminary report.
There are state guidelines which must be followed, giving a set number of points according to the criminal prior record, whether victims were involved and whether firearms were used.
Actually, Cass County was a pilot for the state Supreme Court to use guidelines in 1983, he added, which the state Legislature sett in 1999.
"They are helpful and objective," he said, giving a range and standard.
That way, he added, prisoners can't "compare notes," with someone getting probation, where in another county a defendant receives a prison term.
Rarely, the judge may find a "compelling reason to deviate" and the sentence goes either higher or lower than the guidelines.
He reads the recommendations of the probate department. Often letters are received from the defendant's lawyer, family, employer, pastor or friends.
Everything must be weighed.
"Unfortunately there are repeat offenders," he said. "They have had a sad life and wish they could get their life around. They lacked a lot.
"They have been abused, abandoned, been in foster homes, without a normal upbringing," he added.
"It is a common theme – not really a good childhood.
"In the formative years there was no one helping them develop and care for them."
Occasionally he receives a different kind of letter. "It is nice to see success stories," Dodge said, commenting on a letter from one man who did turn his life around.
The most public response to any case he received, requesting a stiff sentence, was the recent one, where a man from Niles threw a dog off a bridge in Howard Township.
Dodge sits on an average of 15 trials a year. "When the prosecutor accepts plea bargains, that affects the number of trials," he added.
Educational programs at the Cass County Jail and religious guidance have touched many.
Some inmates use their time to receive a high school diploma from the Cassopolis Public Schools.
Others work on getting free of substance abuse.
What hurts is when the judge meets his sons' classmates across the courtroom.
"They start early with substance abuse, marijuana and alcohol, and graduate to meth," he said, "Before that, it was cocaine."
He has seen a drop in meth cases since the millage passed in 2004 to enlarge the county drug task team and many meth labs were shut down.
'03 Law and Courts
'most significant
change'
Another big change Dodge has seen is a shift to fewer trials, with mediation being required and many cases resolved without ever going to trial.
His own docket has shifted, with fewer civil and more criminal cases since the courts were restructured.
Probate Judge Susan Dobrich and District Judge Paul Deats see family and divorce cases and offenses such as traffic violations.
He used to have to decide paternity at a jury trial, before DNA, sometimes holding the child up to see if he or she looked like the potential father.
"DNA is a big thing, an important tool," he added, mentioning the Dunnuck cold case, a 1990 murder solved after 16 years.
Instead of waiting for nine or 10 lawyers to appear for their clients, there are mainly two defense attorneys, Dale Blunier of Edwardsburg and Jim Miller of Cassopolis, who approached Dodge to be contracted as public defenders 10 years ago.
Though he doesn't get many requests, "Cameras in the courtroom" are now allowed.
Some of the courts have lost the court reporter, and are audio and video taped instead, including Dobrich's and Deats', which was just installed.
Dodge, though, is in no hurry to lose his reporter, Vicki Knutson, who was already in the courtroom when he arrived. Only if she retires would he onsider switching.
Another "huge change is case flow management. I used to wait for attorneys to schedule in the '80s," he said. "Now the courts have taken charge and there is a timetable to abide by."
His docket doubled through the years, from 700 to 800 a year up to 1,500.
Computers helped tremendously, with case information available at the click of a mouse. "We don't use a typewriter anymore."
But the "most significant change," he added was the the Law and Courts Building, where Circuit Court moved in 2003. It offers increased security for both the employees and those coming in.
"There were so many entrances when I first started" in the 1899 courthouse in downtown Cassopolis.
In his bright corner office he can be undisturbed as he reads files.
On Mondays he has civil motions on his docket.
Friday sentencings begin at 8:30 a.m.
Time is also devoted through the week to budget, personnel and staff concerns.
The judge has seen a steady stream of law clerks, now on number 17, finally requesting a two-, instead of a one-year commitment.
He also has on staff a judicial secretary, Karen Moran, and Julia Smith, who works part-time.
Dodge, a Detroit native, received his undergraduate degree from the University of Detroit.
He first came to this area in 1966 to the University of Notre Dame Law School.
Following graduation, he spent two years in the Army.
He was contacted by an attorney in Cassopolis whom he had met earlier while doing legal aid. They were looking for a full-time assistant prosecutor.
After a year, he ran unopposed for the county prosecutor position.
This role was followed by his winning the election in fall of 1976 for probate judge, beating Bob Craig and 12-year incumbent Wilson Eby.
Appointed by Gov. William Milliken to replace retiring Circuit Judge James Hoff, Dodge celebrated 25 years as Circuit Court judge this month and 30 years as a judge.
Time on the bench
'happened fast'
Dodge met his wife Beth while she an intern from the Notre Dame law school, when he was on the probate bench. She is the county community corrections coordinator.
This fall, they celebrated their 25th anniversary.
They have lived in Edwardsburg since 1994, coming from Howard Township, Niles.
Their sons attended Edwardsburg High School.
Drew, 24, graduated in the fall from the University of Notre Dame and was commissioned an officer in the Marine Corps.
Jason, 22, now a junior at Notre Dame, is in Navy ROTC.
His time on the bench, "happened fast, like your kids growing up," he said.
He is able to run for re-election until he passes the age of 70.
Dodge is presently 62.
"My goal is to finish the term, to 2010. I hope I am healthy and able-bodied. I have no immediate plans to retire. I still enjoy working," he added.
His only sign of aging, is the color of his hair, turning white from brown.