Judges of the Court of the Common Pleas
Kate Bowling |
Mary E. Montgomery |
Term: 07/01/19 Bio: I am an Acting Judge in Kettering Municipal Court where I have served the cities of Kettering and Centerville for the past two and half years. As an Acting Judge, I regularly handle both Civil and Criminal Dockets. I am a business owner, having established a private law practice in Dayton that I have run successfully for nearly a decade. I am a seasoned trial attorney, having handled cases ranging from commercial sales litigation to personal injury to criminal defense. I am also a former child protection prosecutor. For two consecutive years I have been peer-reviewed and recognized state-wide for excellence in the practice of law. In addition to my legal career, I am an educator. For the past five years, I have served on the faculty at Miami University where I teach Business Ethics to graduating seniors. I am a long-time Centerville resident, where my husband and I are raising our two young sons. |
Term: 07/01/19 Bio: I have been an Assistant Prosecuting Attorney for twenty years serving the citizens of Montgomery County. I have held the position of Supervising Attorney at Care House, the County's Child Advocacy Center, where I solely prosecuted child physical and sexual abuse cases. From there, I was promoted to Intake Supervisor, overseeing the attorneys assigned to presenting Grand Jury Hearings and Preliminary Hearings. I was next promoted to Trial Supervisor, where I spent several years training and supervising attorneys assigned to various Common Pleas Court Judges' dockets. Since 2014, I've been the Chief of the Civil Division of the Montgomery County Prosecutor's Office. The Civil Division represents Montgomery County, the elected officials, and all County departments and agencies. These responsibilities include handling personnel matters for over 4000 employees, tax foreclosures, forfeiture actions of seized property, contracts, real estate issues, civil litigation matters, as well as handling environmental matters, just to name a few. Additionally, during my career, I've handled thousands of cases, including jury and bench trials in both Common Pleas and Federal Courts. I am admitted to practice in the State of Ohio, Federal District Court, the 6th Circuit Court of Appeals, as well as the United States Supreme Court. |
What will your top priorities be as a judge? As Common Pleas Judge, I want to continue the work I have already undertaken to expand and cultivate our Court's Appointed Counsel Program. This is a program that provides legal representation to those who cannot afford private Counsel. Ensuring that everyone has access to quality representation is a key component to a fair and efficient courtroom. I also want to increase the Court's use of technology outside of trial settings to expedite both the criminal and civil pre-trial dockets. There are ways that we can use technology to reduce the need for in-person appearances, and to better ensure that individuals do appear in Court when scheduled to do so. The goal is to increase efficiency which will, in turn, save both time and money for the Courts and the County as an extension. |
What will be your top priorities be as a judge? 1. Victim's rights. I want to make sure that victim's rights are followed and victim's needs are addressed and met, especially with respect to restitution. Criminal defendants who owe restitution should not be terminated early from probation until restitution is paid. 2. Reduction of repeat offenders. I want to ensure that defendants placed on probation are linked to the vast community resources available to provide to them all of the tools necessary to give them the absolute best chance at becoming productive citizens in our community. I will also firmly hold accountable those defendants who choose not to comply or participate in the required programs. 3. Civil Case Management. I want a strong mediation program that can be utilized at the outset of a civil case so that the matter can be resolved as expeditiously as possible, thereby saving thousands of dollars to clients. Further, I will ensure that decisions by the Court will be issued in a timely manner so that the attorneys have ample time and opportunity to evaluate their case based on the decision issued. Last, I will make myself available to the attorneys whenever necessary to resolve discovery or other disputes that may arise. |
Do you believe there's a need for bail reform for repeat offenders? Why or why not? I recently served on a committee with other Judges, attorneys, and elected officials which was tasked with discussing the topic of bail reform here in our County. As an Acting Judge, I'm very sensitive to the issues surrounding our current bail system. I do believe that there are ways in which we can improve that system. When I am sitting as Judge, and am required to set a bond, one glaring issue is always the lack of information that is available to me at the time I have to set an initial bond. Therefore, although there are discussion of bail reform on a grand scale, I believe that we should be focusing our efforts on increasing the amount of data that is made available to our Judges during an initial bond hearing, so that we are better equipped to make bond determinations. |
Do you believe there's a need for bail reform for repeat offenders? Why or why not? For misdemeanor and low-level, non-violent felony offenses, an objective assessment of risk should occur, including whether the person is a threat to public safety or failing to appear in court. Violent and/or high level felony offenses, however, need a far different assessment as to the person’s necessity to remain in jail awaiting trial. Keeping our community safe should be tantamount, while recognizing that certain offenses do not require detention while awaiting trial. Montgomery County has been on the cutting edge of this issue for many years, recognizing that certain low-level felony offenders did not need to remain in jail pending the disposition of their case. Many first time offenders and/or those arrested for low-level felonies are placed into the Prosecutor's Office's Diversion Program and others are issued a summons to appear in Court, if indicted, instead of an arrest warrant being issued. Thus, Montgomery County has done a tremendous job of ensuring that this assessment of risk is completed at the time of arrest and a decision quickly made as to whether to keep the person in jail or release them pending the disposition of their case. Thus, un-mandated bail reform has been occurring for years in Montgomery County. |