Gem City Podcast: Marshall Lachman – What makes a good judge?

Gem City Podcast lost their site (they didn’t host with The Next Wave.)
They had one last podcast they wanted to share, so I’m adding it here for you.

Here’s their explanation of what happened to Gem City Podcast- 3 minutes:

Marshall Lachman – What makes a good judge?

Marshall Lachman headshot

Marshall Lachman

We ask a candidate for Judge of the Second District Court of Appeals

Ever get to the ballot and not sure who to vote for when it comes to judges? Us too! Why are there no party affiliations by their names? Should we even be voting for judges? We don’t vote for federal Supreme Court judges, they’re appointed.

We invited Marshall Lachman, who is running to be the Judge of the Second District Court of Appeals to come on our podcast to discuss the journey from lawyer to judge, what makes a good judge, and how voters can be better prepared to vet and vote for the judges on your ballot. (Tip: Check out League of Women Voter’s Guide for your area)

Marshall has practiced law for more than 30 years in both Ohio and Illinois, and has operated his own law firm in the area since 2003. He has represented hundreds of people charged with all levels of crime, with the belief that everyone, regardless of wealth, has a constitutional right to the assistance of counsel when they are charged with a crime. He has handled over 100 appeals, mostly in the Second District Court of Appeals, as well as several cases in the Ohio Supreme Court.

As a longtime resident of Ohio and a graduate of The Ohio State University College of Law, Marshall is deeply rooted in southwest Ohio and gives back freely to his community. He is certified to work as a Guardian Ad Litem and has represented the best interest of many children in Montgomery County who have been the victims of abuse, neglect, and dependency, and in 2011 was recognized by the Montgomery County Juvenile Court for the work he has done on behalf of the children and parents who came before the court.

For the last 16 years, Marshall’s private law practice has focused on criminal defense litigation and he is often appointed by area courts to represent clients who cannot afford counsel. In 2016 he was recognized for the work he has done by receiving the Gideon Award, a lifetime achievement award for his representation of indigent defendants.  He has also mentored many young lawyers just licensed to practice law through the Ohio Supreme Court’s Lawyer to Lawyer Mentoring Program.

Find out more:

Dayton League of Women Voters:

Check your voter status and register:

From Libby: Gem City Podcast is taking a hiatus. If you want to support Izzy and visit, We sincerely appreciate everyone’s support!

Listen here:

Endorsements that don’t matter in Montgomery County

While I grew up believing voting was one of the most important things I could do to be an American, it’s elections like this that make a case for giving up on democracy. Now, that question about “being an American” is very real to me, both my parents were born outside the US and citizenship for them was a choice, not a birthright. And, from 1968 to 1970 I lived in Canada- where my father had moved, not to avoid the draft (he’d already served for almost 17 years, but because he was worried Richard Nixon would do to American Civil Liberties what George W. Bush later did – with 9/11 as his prompt.

In Canada, dad wrote a book to me, “Dear Son, Do you really want to be an American” to help me decide when I turned 18 in Canada, what country I’d swear my allegiance to, since “dual-citizenship” wasn’t an option then. You can read that book for free by downloading it from this site. It’s only 80 pages, and it’s a revealing look at the America that they don’t teach in school.

There are 3 election choices you make that are critical this time, but, you had little influence in how they came about. That’s the major problem, we seem to have replaced elections with auctions while everybody watched.

For President, sanity and dignity must return to the White House. I’m not quite ready to say you could pick a random person to be president and they’d do better than Donald Trump, but I do believe he is a complete disaster as a president. Joe Biden must be elected president or we can just expect a civil war and the complete destruction of America as we knew it.

For State Supreme Court, we need a court that won’t keep looking away at the hanky panky of school funding and gerrymandering in Ohio. Please, vote for some new faces- Jennifer Brunner and John O’Donnell are needed and qualified.

After that, I generally go with this rule: vote the incumbents out, and compare their campaign finance reports and go with the underdog. We’re in an absolute state of failure in Montgomery County when it comes to leadership with integrity.

For the most part, the two political parties work deals out in a back room to allow critical races to not be races at all. Look at how many un-opposed candidates you have on your ballot. That should tell you something- especially when both County Non-Prosecutor Mat Heck is unopposed and Sheriff Rob Streck is unopposed. Neither of these people belong in public office.

For the races where term limits forced out the incumbents- state senate and state representative, I’d vote for every single D. There are some serious idiots out there, like Niraj Antani who thought suburban students should be able to bring long guns to school. Mark Fogel, his opponent, is everything Niraj isn’t- and we’re lucky he’s in the race.

I can’t tell you how impressed I am with school teacher turned state rep candidate Amy Cox- she’s amazing. Just what we need, however, since the Ohio General Assembly has allowed gerrymandering which let’s parties pick their voters instead of voters picking their candidates, she’s fighting an uphill battle. In Greene County- I can personally vouch for Kim McCarthy, having had her as an employee for almost a year. She’s smart, she cares and her opponent, (who happens to be a client) isn’t anywhere near in her league when it comes to smarts.

For county commission I’m disgusted with both Debbie Lieberman and her symbiotic partner Judy Dodge. What has happened at the County Jail should have them in jail. They’ve allowed the sheriff to mismanage- and then we’ve had to pay over $10M in settlements because things are so broken. Nevermind that I caught Debbie and her Assistant, John Theobald, shoveling no-bid contracts to the guy who does her campaign work– Richard Kaiser. She shouldn’t be on the ballot- she should be out on bail. That said, Arlene Setzer and Bob Matthews aren’t particularly great options either. We interviewed Matthews for Reconstructing Dayton– and found his answers to be, well, unimaginative and lacking. He’s also totally ok with the JEDD at Austin Landing which only taxes the little people. No thanks.

This post should have been up before early voting started, but, honestly, I’ve been unhappy about having to write it in the first place.

There are two races that merit mention:

County Clerk of Courts has the incumbent Mike Foley vs the challenger Zach Dickerson (see interview here). Dickerson is imminently more qualified and Foley has the same last name as Dan Foley- which is the only reason he’s in office (and he was running against an absolute political insider Russ Joseph- more on next). Foley couldn’t keep the courts websites safe, nor could he implement any improvements in his 2 years in office- we don’t need four more years of a nice guy, who doesn’t understand the tech.

Most people will never care who the county treasurer is, unless you are a political patronage job holder. The treasurers office is a purely administrative position that shouldn’t be an elected office. It comes with patronage jobs. The current treasurer is a political insider who hasn’t worked a day outside government in his life- Russ Joseph. His challenger, is in almost the same boat- born to be a politician, the son of two politicians, John McManus. However, the difference is Russ believes he’s entitled to be in office, John thinks being elected is a higher calling. He’s built to serve. Russ is a condescending arrogant insider. McManus, may be just as politically devious, but outwardly cares about respecting the public and at least making sure they are heard. This video, from long ago- shows the difference between McManus and Baguirov managing a public meeting:

There is also this example of McManus teaching the rest of these idiots the public elected on how Roberts Rules of Order work.

McManus cares deeply about respecting those who elect him, and that makes him the better choice.

On all the local judges races- you really don’t matter. Most will run unopposed till they age out at 70. The only races you see are when a judge ages out and they need a replacement. Judges don’t get a D or an R next to their name- you have to know going in who you want- hopefully based on research. Since most of you don’t read legal filings for fun, it’s hard to tell who the greater legal mind is. Frankly, we’ve gotten lucky with a few judges like Mary Wiseman and Dennis Adkins. Unfortunately, every once in a while- a hack like Richard Skelton gets elected and we get stuck with a loser.

That said- judges can’t say what they want to do, or changes they want to make. They can’t tell you anything except what they’ve done, what their experience is, and most of them don’t do much of that.

There is one race where I’m still deciding- Arvin Miller, who has worked in the probate court for 15 years as a political appointee/party favorite vs David Brannon, who is spending a lot of money to get elected. He’s been practicing in that court for at least that long. Miller will only be allowed to serve one term and age out- or worse, resign and allow an appointment to be made and have them be the incumbent next time. Brannon, is younger, and actually has some ideas on how to improve the operations of the court- he’s even willing to allow the site for probate court be managed by the Clerks office- as it should be. The Dayton Bar no longer provides endorsements like they used to- which is probably a better way to pick judges than elections, but, at this point, I’m leaning to Brannon- knowing someone can challenge him in 6 years if his changes don’t work out.

While I feel the Dem candidate for Ohio 10, Desiree Tims is just another of a long line of women who think they are somehow going to upset the apple cart and beat Mike Turner, I doubt it will happen. Turner is a total fraud and needs to be replaced, but, unless a huge blue wave sweeps Greene County- it’s unlikely Tims will triumph. Her positioning herself as a “daughter of Dayton” was really stupid, considering her district- and frankly, where you come from has nothing to do with where you’re going. Turner was a never Trumper- until he was an always Trumper- and he needs to be removed – no matter who runs against him.

Remember, vote early in person, vote by mail, but deliver your ballot in person, or vote on election day- because, it may be your very last chance to choose a president- instead of a dictator for life. Vote Biden/Harris if nothing else.

And, before the next election- work for Instant Runoff balloting, so we can get rid of the rule of the 2 party system and all it’s flaws. Ranked order voting solves so many problems, including how Biden and Trump got to the top of their tickets.

Nothing has changed: Covid as usual?

My hockey league is trying to recruit a 4th team. That’s our norm, 4 teams. They have 3 playing. That means about a dozen of us are smart enough to know that you can probably catch Covid in a rink while breathing heavy in a place where your exhalations hang like a fog.

I see people in Costco wearing their masks around their chins – and grinning. Costco- one of the few places that first said “you aren’t coming in here without a mask, no matter what the governor says.” The 6 ft distancing is turning to 3, and while the plexiglass is between you and the cashier, it seems there are more people around you.

A guy I don’t know on Saturday is all happy I’m hanging nets at the Dakota center. They may be the last 3 rims standing in town. He wants to give me money- I pull my mask up- and say “this is for your protection” and he goes back to his truck to get his mask. We talk- he keeps coming closer, he wants to shake hands, he puts his hand on my shoulder. He just came out of a gym holding a volleyball tournament.

A drill team I do work for has tryouts for the squad captains. It’s at a church, somewhere in the Drexel/Trotwood/who knows where the line is drawn area. The gym is full- there ain’t 6 feet between the kids on the audition floor- and the rest of the room is standing room only- I make my way to the very back corner, and then make my way out.

People are sending their kids back to in-person school. Expecting kids (all the way up to college) to somehow respect the rules- mask on, 6 feet away, etc. It’s not working- it’s spreading.

People are doing exactly what they did in 1918 after the first wave of the Spanish Flu- they got cocky, and then they started dying again at an even faster rate. There is no antidote, unless you’re the president of the United States- who was tested daily, and given treatments you can’t get, or afford. You get it, you don’t have those odds. You can still spread it- and not get it, it’s out there and it isn’t going away.

Our governor now knows that there are armed people who will try to kidnap him if he starts talking about another quarantine- or even enforcing a mask mandate. He can look to Governor Witmer for the playbook- and she was lucky, or he can ask his former public health director, Dr. Amy Acton, who thought her families health and her life was more important than saving all of us. There are folks running around with guns saying they don’t need a mask to protect them from Covid because god will protect them- but they do need a gun to protect their rights, and they’ll shoot you if you make them wear one.

The world is in total turmoil, despite people adapting to all that’s changed, cautiously awaiting the election of our lifetime- to see if stupid once again surprises us and the anti-christ keeps his kingdom. I hear perfectly people say that they are voting for Trump because they believe he will bring “law and order”- while society is breaking down because it requires trust in god, country, our currency and our leader (who has been in full steroid crazyland for a week).

People will continue to get sick, people will continue to die, until we get a working, tested vaccine out in enough numbers, and we really do have treatments that can stop folks from dying like il Presidente.

In the mean time- it’s not time to play hockey unless you are the NHL, it’s not time to go to a college football game unless capacity is grossly reduced, and it is time to keep wearing that mask, washing your hands, staying 6′ away and reducing the number of people in your circle.

Or- play the Covid lottery and see if you can be the next winner.

Why is Phil Plummer in the State House instead of the Big House?

Montgomery County is still cleaning up Phil Plummer messes in the jail. Taxpayers have wasted over $10M in settlement fees for lawsuits that should never have happened. Phil Plummer was in charge, or his number 2, Rob Streck, who is now running unopposed for Sheriff as the appointed incumbent. If you need a reminder of how bad things are and were, go read this post: Cruel and unusual punishment in the Montgomery County Jail, watch the video again (below)

Plummer had just got done telling us that the pepper spraying of Amber Swink while in a restraint chair, by Sgt. Judith Sealey was just a one-time thing. He swore this wasn’t a normal, everyday occurrence, and then, I released the above video. Sealey went on administrative leave, Plummer promoted her, and then she took disability retirement.

The video showed things that no human should have to endure. Charles Alexander Wade was not just pepper sprayed, but then left in the chair for at least 4 hours- unable to touch his eyes, to wash them out. His case was settled cheap- only $115,000. Some of the exploitative social media outlets recut my video and got millions of views overnight. This is still my most watched video. It makes me physically ill. It was the reason I chose to run for City Commissioner in 2019, just after my mom had passed, my number one issue- to make sure there was a safe jail for Dayton citizens to be taken to. Being arrested doesn’t mean you are guilty, most of the time it just means you are poor- and unable to post cash bail. Yet, we had people getting killed in jail, before ever appearing in front of a judge or jury.

On the campaign trail, I heard “but the jail is run by the county, you are running for the wrong office if you want to fix the jail”- to which my response was “I wouldn’t allow Daytonian’s to be sent to Phil Plummer’s house of horrors until things were fixed. We have that option. We used to have our own jail- and our own workhouse, before the powers that be abandoned city assets for their own political enrichment.

Now, I get to read a story about jailers in Oklahoma County-


Christian Miles and Gregory Butler, both 21 and former Oklahoma County Jail detention officers, as well as their former supervisor, Christopher Hendershott, 50, were charged on Monday with cruelty to prisoners, corporal punishment to an inmate and conspiracy, Oklahoma County District Court records show.

On at least five occasions in November and December involving five inmates, each separately, Mr. Miles and Mr. Butler placed the inmate into an empty attorney visitation room, according to affidavits. The two then handcuffed the inmate against the wall, forcing him to stand for as long as two hours, an internal investigation preceding the charges found.

Baby Shark” was played on repeat, through a computer, while the inmate was forced to listen to it.

The song was “said to be a joke between Miles and Butler,” Mr. Miles told investigators.

David Prater, the Oklahoma County district attorney, said the three had acted “conjointly, willfully and wrongfully” in a “cruel or inhuman manner” when they subjected inmates to the punishment.

Playing the song on repeat put “undue emotional stress on the inmates who were most likely already suffering” from being handcuffed to the wall, Mr. Prater wrote….

Lieutenant Hendershott “failed to properly supervise and discipline” Mr. Butler and Mr. Miles, the district attorney said. Mr. Butler and Mr. Miles were “the subject of numerous inmate complaints that detailed their history of mistreatment,” Mr. Prater wrote.

Though the three charges are misdemeanors, Mr. Prater told The Oklahoman newspaper that he “would have preferred filing a felony on this behavior.”

“It was unfortunate that I could not find a felony statute to fit this fact scenario,” he said.

Source: Jail Employees Face Charges After Using ‘Baby Shark’ Song to Punish Inmates – The New York Times

And I sit and wonder why not only is Phil Plummer not in jail, but why he’s running again for State Representative. Dem’s have at least put up a challenger to him, Leronda Jackson, who is fighting for a seat that was gerrymandered to be a Republican district. Of course, Mat Heck, the local Dem party boss behind the scenes, who pretends to be a prosecutor is unopposed as well.

What I’d give for a David Prater, the Oklahoma County DA, who thinks that just listening to Baby Shark on a loop while handcuffed is worthy of a felony.

You should be raging mad when you go to the polls, when you see how the deals run by the corrupt party bosses leave key jobs and all judgeships unopposed. The only time you get a choice for judge is when one ages out for the most part.

There is a culture of corruption in Dayton Ohio, and the FBI isn’t willing to do a damn thing about it, unless, of course, you’re Black and you’re not actually the ones signing the checks for the pay to play monopoly game we’ve had running for the last 30 years in Dayton Ohio.

That there isn’t a challenger for either the Sheriff or the Prosecutor is a crime. Can we put both of the incumbents in a room and make them listen to Baby Shark on loop?
If you live in the 40th- I hope you vote for Ms. Jackson no matter what your political persuasion is, any functioning adult is more competent that Phil “The torturer” Plummer- and is more worthy of a job representing us in the State House.

Trump’s time is up

For the last 5 years, I’ve served as power of attorney for a severely mentally ill veteran. He’s got a 100% disability rating. He’s deemed legally “incompetent.” When he’s ill, he can even scare me and I don’t scare easily.

The behavior of “President” Donald J Trump in last nights debate was worse than anything I’ve seen out of my ward on his worst day.

There are rules, there is decorum, there is reality, there are facts- unless you are mentally ill.

If this had been court of law, instead of a debate stage, the judge would have had him bound and gagged.

If he had been in an encounter with the police, he’d have been arrested and put in a straight jacket (he’s white, so he probably wouldn’t have been tazed).

Is this the man we want in charge of our armed forces with his finger anywhere near the button?

Can we wait till the people speak on election day, when even if he gets his butt kicked across the nation with maybe the exception of Wyoming and South Dakota, he declares himself the winner and refuses to leave office, or worse, decides to order his “Proud Boys” to let loose?

It’s pretty obvious the Senate has been ignoring his deranged behavior, giddy with their freedom to exert unchecked power, granted by a man who loves civil unrest and riots because he believes they help his cause.

And what may his cause be you ask? After failing at business, blowing through daddy’s money, believing his fantasy construction of “success” – he’s somehow mastered the “fake it until you make it” axiom. Of course, he denies he has had help from the Russians. He somehow can’t understand that his business empire is a sham, and when the notes come due, he plans to either still be in position to blow up the world, or comfortably living in Moscow laughing at how stupid we were to allow him the honor of being president.

If our Congress can’t act, if they won’t act, if the Supreme Court doesn’t intervene to question the sanity of the man on stage last night in that “debate”- they too are complicit in the fall of our great country.

That this isn’t the topic of discussion in D.C. this morning is further evidence that our country has lost its way. That our politicians, that our military leaders, that everyone who calls themselves an American, isn’t ready to divorce ourselves and our country from this mentally ill, psychotic, narcissistic sycophant. It’s right there in the oath of office, the oath to serve:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Take him out of the office, lock him up, silence him and his treasonous questioning of the legitimacy of elections; his threats of using military power against the people, before we no longer have a democracy.

We never heard of “Antifa” until his ascendancy. I never thought of myself as “anti-fascist” in my life- but I do now. Donald Trump is a fascist and he has no intention of working within our system of a democratic republic, therefore, he must be removed for our republic to continue. If you always believed you are an American, you too, must join me in calling for his immediate removal.

The stakes are too high. And the signs are too obvious. Donald Trump is unfit to serve as president. Remove him. Save our country.

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