Incumbent, two others seek juvenile judge seat

The race for Montgomery County Juvenile Court Judge offers voters three choices: an incumbent judge seeking a fourth and final term; a former chief magistrate for that court; and a lawyer who built most of his private practice surrounding juvenile issues.

On Nov. 6, the voters will decide whether to return Judge Nick Kuntz to the bench, or whether to replace him with either C. Ralph Wilcoxson or Jeffrey C. Rezabek. All three cite what they call unique qualifications for why voters should pick them.

For Kuntz, the qualification is having done the job for years. But his challengers said they have relevant experience that trumps his, and challenged Kuntz for what they called a lack of leadership and community involvement, charges Kuntz denied.

When asked what the court needs, Rezabek said “the challenge is to have effective leadership. Right now we don’t” Then he said that was not a critique of the other Juvenile Judge, Tony Capizzi, with whom he said he’d worked effectively with in the past.

Rezabek said the court’s clerk’s office has had issues about getting documents out on time. Documents that are time-stamped aren’t mailed for several days later, which can have an impact on cases, particularly when when an attorney is given 14 days to respond to a magistrate’s recommendation. The problem predates Kuntz’ time as administrative judge, but hasn’t improved, Rezabek said.

Asked about that, Kuntz said that, with 22,000 referals a year, “we move a lot of paper and at times we fall behind.” He said court officials were working on a new system to electronically file documents and entries at the time of the hearings, which will be automatically distributed to all involved parties.

Wilcoxson and Rezabek also said that the court should be more involved in the community, forming partnerships. Though Wilcoxson declined to specifically cite Kuntz, directing his criticism to “the court,” Rezabek said that was another area where Kuntz had failed to show leadership.

But Kuntz said he spends plenty of time in the community. He said he, Capizzi and the three staff members of the court’s Reclaiming Futures program, which helps teenagers caught in the cycle of drugs, alcohol and crime, have gone to churches in every community in the county during the past two years, asking for volunteers.

“I gave speeches from the pulpet,” Kuntz said.

Asked about Rezabek, Kuntz said he was a good lawyer and guardian ad litem. But he said that Rezabek, who is single and has no children, would be at a disadvantage as a juvenile judge because he had not been a parent. Rezabek countered that was a ridiculous argument, and that his service as a guardian ad litem had exposed him to most issues surrounding children and parenting.

Below are biographical sketches of the three candidates.

NICK KUNTZ

Kuntz, 69, a Democrat, has been on the bench since 1994 and has served as the court’s administrative judge since 2005. A graduate of Chaminade High School, Kuntz received his bachelor’s degree in marketing in 1965, then his law degree in 1973 from the University of Toledo.

He has worked at the court for nearly four decades, as a referee, a legal director, and for the last seven years before he was elected judge, as court administrator.

“I’ve done most of the jobs in this business,” Kuntz said.

Kuntz identified the biggest upcoming challenge as the reduction of government expenditures. Last year, the court cut more than $2 million from its budget and reduced the number of employees by 70, down to 440, though there were no layoffs, he said.

During his tenure, the court built a new juvenile justice center, with a 144-bed facility. But on average, the court has about 40 boys and 12 to 20 girls in detention at any time. By holding the population down, Kuntz said, the court can use less staff and close down portions of the center.

In recent years, there have been reductions of delinquency, unruly and traffic cases by 30 to 40 percent, Kuntz said, allowing the court to increase charges involving adults. Child support cases are up 68 percent during his time as administrative judge.

He said Start Right program, started in 1996, is still his favorite docket. The program focuses on children between kindergarten and fourth grade with excessive unexcused absences. Their parents are charged with misdemeanors.

Kuntz, who is separated from his wife, has four adult children and eight grandchildren. Asked why he doesn’t retire, he said he believes he can still make a difference.

“I’m happy to get up and go to work every day,” Kuntz said. “I enjoy what I’m doing.”

JEFFREY S. REZABEK

Rezabek, 43, a Republican, is the youngest of the three and the only one who hasn’t been on the court’s payroll, which he said is an important distinction.

“I’ve not been in that building, isolated for years and years and years,” Rezabek said. “I’ve always been in private practice. I bring a fresh prespective to what that court needs.”

That doesn’t mean that he hasn’t worked in the court. Rezabek estimates that two thirds of his practice involves juvenile issues. The court has frequently appointed him as a guardian ad litem, or an attorney appointed to represent the interests of a child in litigation. As guardian ad litem, Rezabek said, he does an investigation of the situation then writes a recommendation for the magistrates or judges.

“That’s the best endorsement I can have,” Rezabek said. “They know I take each case seriously and I would do the same thing as juvenile judge.”

A native of Grand Island, N.Y., near Buffalo, Rezabek came to Ohio to attend the University of Dayton, where he received his bachelor’s in psychology in 1991 and his law degree in 1997.

Early in his career, Rezabek became involved with Juvenile court as a Court Appointed Special Advocate. Known as CASAs, they are appointed by judges to watch over and advocate for abused and neglected children. Rezabek was honored once as CASA Guardian Ad Litem of the year and twice as the Montgomery County Common Pleas Court Appointed Counsel of the Year.

“I’m not a politician,” Rezabek said. “I got in this race because I truly believe that juvenile court needs to improve and needs to make changes.”

C. RALPH WILCOXSON

Wilcoxson, who is running as an independent, has been an attorney for nearly two decades. But he said it was his experience as a volunteer that sets him apart from his opponents.

“I am a guy who has worked in the community for years,” Wilcoxson said.

He is a board member of HighRise Services, Inc., which promotes after-school tutoring, of the Dayton Nets youth basketball program, of the Sound Words ministry and of the Wesley Community Center. He is the ministry director at Covenant Church and a volunteer at The Gospel Mission.

A 1982 graduate of Meadowdale High School, Wilcoxson received his bachelor’s degree in criminal justice and psychology from The Ohio State University in 1986. He received his law degree from St. Mary’s University in 1992.

Wilcoxson, 48, served as a Juvenile Court magistrate for 12 years, with ten of then as Chief Magistrate. He said he has presided over more than 75,000 juvenile cases. The past two years, Wilcoxson has worked in private practice. But he said that he has long felt that the court needed to reach out into the community.

“The court is operating in what I see as a vacuum,” Wilcoxson said.

One of the biggest challenges will be creating programs for female offenders. Most of the programs currently are for males, Wilcoxson said.

If elected, Wilcoxson said, he would like to re-institute the Community Court program, which had magistrates holding hearings in the evenings at community locations. It was more convenient for juveniles and their parents and allowed the community to see the court in action, he said.

Wilcoxson and his wife have two children, ages 7 and 12. He said the biggest thing he had learned from the court was that “every child has value. I don’t care what the offense is. And every child has a degree of salvagability.”

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