The Forstenzer is no longer with you

Judge Ed Forstenzer

Okay, so the headline’s not quite correct. Ed Forstenzer, who retired from his post as Presiding Judge of the Mono County Superior Court last month, is still working in the State’s assigned judge program so he will be with us for some time to come – just not on a full-time basis.

I find it ironic that I’m about to pen a laudatory piece about a man who ruled against me a few years back in my first attempt to become a legally adjudicated newspaper, but in the end, I recognized his ruling was correct and that my initial petition did not fully comply with the letter of the statute.

Though I was angry with the Judge at first, really, it wasn’t his fault I had screwed up. And he clearly delineated what I needed to do to be successful the next time. And I was.

Let’s face it. It is not a pleasant thing to have to deliver bad news to people. Or even not necessarily bad news so much as news that doesn’t adhere 100% to one’s expectations. But the reason Ed Forstenzer lasted 22 years on the judicial bench in Mono County was because he was fair and consistent. As the Judge told The Sheet this week, the keys to the job are an ability to listen, to reason and to treat people courteously. “I treated people the way I’d like to be treated,” he said.

“I didn’t even know I wanted to be a lawyer until I was in college,” said Forstenzer. “And it wasn’t until I started practicing law and had experience before judges of various quality that I thought to myself, ‘I could do that job.’”

“When I became Judge, despite having a broad legal background, I quickly learned that there was no substitute for experience.”

Sheet: Any other important qualities for a judge to possess?

Forstenzer: Some public speaking ability. You have to be able to articulate rulings when they’re made openly in the courtroom. This is more important in criminal cases.

Sheet: Is there any case in your career that stands out?

Forstenzer: The Mammoth/Yosemite Airport CEQA case, because it was so difficult to get my arms around the record in that case. The administrative record in that case came in thirty binders, each of which was four inches thick. It took up an entire bookcase in my Chambers. I worked seven-day weeks for a month on that case.

Sheet: What were your most difficult cases?

Forstenzer: Family law cases were the most difficult, particularly custody cases.

Sheet: What will you miss most?

Forstenzer: The people I worked with. I was blessed with a great staff. And I’ll miss the friendships I made in the courtroom, though I’ll still obviously see folks from time to time because I’m in the assigned judge program.

Sheet: Did you ever talk over cases with your wife?

Forstenzer: Sandy was a great campaign organizer, but I would not talk about cases with her. I tried not to bring my work home with me.

Sheet: Sounds like good marital advice.

Forstenzer: I’m not one to give marital advice.

Sheet: Who were some of the more memorable characters to cross your path inside the courtroom?

Forstenzer: Charles Karpinski was a real character. He was a transplant here from San Diego. He was a gentleman and a scholar and had a very unique style. He also drank a lot. He was famous for his ability to imbibe and still practice.

Sheet: How did you approach sentencing?

Forstenzer: I’d ask myself the question, ‘What would I expect to have happen if I did something like this?’ I’d tailor the sentence to the situation. The goal was fairness, not lenience or harshness.