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William D. Johnson, candidate for Judge of the Orphans’ Court

Received this today:

My name is William D. Johnson, and I’m one of four Democrats running for Judge of the Orphans’ Court here in Charles County.

The Orphans’ Court is Charles County’s probate court. The Orphans’
Court:

- deals with wills and estates
- has concurrent jurisdiction with the circuit court over guardianships of minors
- is responsible for approving administration accounts
- makes sure that only appropriate payments are made from estate assets
- makes sure that distributions are made only to proper beneficiaries or heirs
- generally must approve payment of attorney’s fees or personal representative’s commissions made from estate assets
- has jurisdiction to appoint a guardian of a minor’s person or property if a distribution from an estate is due to be made to a minor and there is no other procedure in place to protect the assets until the minor turns 18 (such as a trust)
- supervises guardians appointed by the Orphans’ Court and requires annual reports from guardians when the assets due to the minor are $10,000 or more

The Orphans’ Court consists of three judges, elected to four-year terms.
Despite that lengthy list of responsibilities, and despite the title and trappings of the office, the Maryland Constitution left out one requirement for an Orphans’ Court judgeship: They’re not required to be attorneys.

There are a total of seven candidates running for three Orphans’ Court judgeships, and not one of us is an attorney. That includes the three incumbents. Don’t worry, though. Maryland doesn’t leave its Orphans’
Court judges completely on their own. They attend a two day class in Annapolis!

Look at the list of responsibilities again. If the Orphans’ Court doesn’t get its job done right the first time, every time, families have to spend time and money and anguish appealing to the Circuit Court. Is a two day class enough to equip someone with the legal skills and training to probate your estate?

I’m not an attorney either, but bring more to the table than a two day class. I served 20 years in the United States Air Force, picking up four undergraduate degrees (including a paralegal associate degree) along the way. I retired from the Air Force as a master sergeant and paralegal of the Judge Advocate General’s Corps. My final military assignment was as law office superintendent for the Air Force District of Washington.

After my military retirement, I served as a civilian paralegal for the Department of the Army. I am currently serving Charles County as a member of the Homeowner’s Association Dispute Review Board (HOADRB), which hears and resolves disputes between a homeowner’s association (HOA) and a homeowner regarding enforcement of the HOA’s recorded covenants or restrictions.

In my years as a legal professional, I saw many judges in action. The best judges did the following:

- treated all parties, counsel and witnesses fairly, equitably, courteously and with empathy
- evaluated all evidence with an open mind
- accurately and dispassionately applied the facts of each case to the applicable law
- made reasoned decisions, fully supported by the facts and the law

Any elected official knows that it is impossible to please everyone. This is especially true in probate cases: The parties have lost a loved one, matters are sometimes highly emotional, and money or property is at stake.

If elected, I can’t promise that I’ll please everyone either. What I can and do promise is this: Everyone will receive the same empathy and consideration I’d want for my loved ones if it were my estate being probated, and my decisions will be supported by the facts and the law.

I respectfully ask for one of your three votes for Orphans’ Court on the Democratic primary ballot, and hopefully again in the general election.
Thanks for your time and consideration, and please email me at billforjudge@gmail.com if you have any questions or concerns.

Sincerely,
William D. Johnson
Candidate for Judge of the Orphans’ Court Charles County, Maryland


Posted by: The Quack on 09/06/10 at 11:27 AM
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