Heise wraps up 32 years as judge

SANDPOINT — Bonner County Magistrate Court Judge Debra Heise is wrapping a 32-year career on the bench.

The Daily Bee politely asked her some questions about her observations over her tenure and she politely replied. Here are her responses:

How has the role of the magistrate court evolved or changed since taking office?

“Changes in the magistrate court during my tenure have had significant impact on the judicial system. Most notably, mediation and other forms of alternative dispute resolution originated primarily in the magistrate court, in part because magistrate judges resolve cases that are often emotion-driven, such as family law, probate, guardianship, conservatorship, juvenile, and child protection cases. The adversarial system does not lend itself to constructive solutions in those cases, so innovative family law judges and lawyers developed more solution driven practices that allow litigants to have direct input in the outcome. Mediation, a process by which a third party assists the parties in negotiating a settlement, originally was exclusively a family law process. It has now expanded across the legal spectrum.”

Where are some areas where the court has excelled?

“Magistrate judges are the work horses of the judiciary: 90 percent of litigants deal with magistrate judges. The Idaho judiciary has done particularly well, in my opinion, in increasing public access to the courts in areas of magistrate court jurisdiction. Form pleadings for many cases are now available on the Idaho Supreme Court website and accessible to the general public. Each county has a courthouse assistance officer who will assist self-represented litigants complete the forms and work through the filing process. Another area where Idaho courts have excelled is resolving child custody cases in a more child-focused way. Every parent in a custody case is required to attend a Focus on the Children Workshop. Family law judges have more resources available to resolve child-custody disputes in ways that minimize negative impact on the children.”

Are there some issues where court needs to do more work?

“The cost of civil litigation can be enormous — it’s particularly tragic where parties incur exorbitant legal fees where the amount in controversy is small enough to be in Small Claims court. Recently retired Idaho Supreme Court Justice Jim Jones has advocated civil justice reform to reduce the cost of litigation, and in response, a Civil Justice Reform Commission has been created. I anticipate this will be a focus for the Idaho judiciary in the future.”

What’s been the most rewarding aspect while serving on the bench?

“We judges engage daily in efforts to motivate people to make positive changes. Ultimately, any successful change must be accomplished by the individual, but it’s still rewarding when we’re able to nudge people in the right direction. Usually it’s the probation officer, or a counselor, or a teacher, or other mentor, who is instrumental in effecting the changed behavior, but it’s still incredibly rewarding to see people improve.”

Things you won’t miss as I transition to senior status?

“The frequent exposure to ways people hurt one another. Also. I won’t miss being on call. The magistrate judges rotate call monthly. The law enforcement officers in our community are outstanding, but I prefer visiting them at times other than 3 a.m. when I get calls for blood draw warrants or transport orders for people held on involuntary mental commitments.”

Is there any advice you’d give your successor?

“Listen respectfully. Deliberate thoughtfully. Decide fairly. Frankly, it’s not always as easy as it sounds.”