JUDGE GERALD HARDCASTLE will take over as Family Court presiding judge in January.
He was elected to the post in a split vote last week at a special judges meeting. The meeting originally was scheduled to be a closed session, but Chief District Judge Mark Gibbons and Family Court Presiding Judge Dianne Steel agreed with a request by the Sun that it should be open.
The election was conducted a few months early so caseloads could be divided to allow the presiding judge time to handle other duties. The lead time also should make for an orderly leadership transition. Whether it will bring stability to the touchy atmosphere on the court's top floor remains to be seen.
Some of the tension is due to divided loyalties and the normal uncertainties that election time brings: Four of the 11 judges are up for re-election. (A fifth judge, Art Ritchie, automatically will be re-elected because he has no opponent.) Nine persons -- including some who work at Family Court -- are vying for a new judgeship whose term begins in January.
There also have been internal disagreements over leadership and procedures. If all that's not enough to upset the judicial apple cart, the court facilities are crowded. There barely is enough room for the 11 sitting judges and their staffs, much less a 12th judge and staff. Space is at such a premium that a conference room/law library is being turned into a judge's chamber. However, a third-floor workout room apparently will stay as is.
There also is concern about who will replace Assistant Court Administrator Christina Chandler, who is retiring this week. She had the ability to quietly put out fires, keep the peace when judicial disagreements occur and ensure that important court projects stayed on track. Her professional manner and historical knowledge of issues and concerns boded well for the court.
It is a tough job, considering that the court consists of 11 individual personalities (no one reports to the other). A frequent criticism of Family Court in its early days was that each judge considered his/her courtroom a fiefdom of sorts. Sometimes policies varied from courtroom to courtroom. The judges often didn't have a quorum for their scheduled monthly meetings to discuss issues and procedures.
Much of that has changed for the better over the last few years. The only judge who does not attend the regular meetings is Judge Steve Jones, although he was present at last week's meeting when Judge Bob Gaston nominated him for presiding judge. Jones lost to Hardcastle on a secret ballot.
At the meeting, Gaston expressed his concern that court policies were being changed because of "personalities" and "whims." He was upset that Steel, if re-elected, would continue to handle juvenile cases after her term as presiding judge ends.
In September 2000 the judges voted Gaston off the juvenile bench after he made several controversial rulings. They decided to divide the Juvenile Court workload between Steel (juvenile delinquency cases) and Hardcastle (child abuse and neglect cases). Gaston returned to hearing domestic relations cases.
The judges -- when working as a unit -- have made some progress in ensuring that the court is more responsive to the needs of children and families. Discussion and debate are positive ways to effect meaningful change. But angst and political squabbles among a few of the judges only deplete time and energy that could be spent on more important tasks that affect the people they serve.
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