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Joseph P. O'Malley's responses to questions from the community.
In dealing with juveniles, discretion will be critical when it comes to discretionary bindovers (transfers to the Common Pleas Court for trial as an adult). It will be one of the most important decisions I will make as a Judge. Also, the careful use of discretion when placing children in abusive or neglect situations with other family members, foster care, or a different parent will be equally as important.
Every person that would come before me would be treated the same regardless of race, gender, ethnicity, or social or economic background. This is how I have chosen to live my life and so it will be no different if I am elected.
I think the debate about transfers to adult court could last hours. I would say that my duty as a judge is to follow the law that is in place. The legislature has created a category of cases that fall under discretionary bindovers. So as a judge, I will use the criteria that is established by law to determine the appropriate path relative to transfer for each and every case that falls under the discretion of the judge.
I think juvenile court judges should directly select qualified, skilled, and competent attorneys to represent children in delinquency and other cases. I believe a necessary mix of private attorneys and Cuyahoga County Public Defenders is required to meet this goal.
My experience and review of the juvenile court system makes me believe we have great resources and programming at our disposal. From early intervention through supervision, programs and resources are designed to reach the ultimate goal of lowering the rate of recidivism amongst juveniles while at the same time teaching meaningful life lessons. If we had unlimited resources we could always do more, but we are doing what we can within the financial constraints that are imposed.