Joseph T. Burke

Question 1

List your judicial experience (courts and years)

Judicial Law Clerk Justice Paula A. Nakayama

Hawaii Supreme Court – 417 S. King Street, Honolulu, Hawaii 96813
1996 to 1997

Judicial Law Clerk The Honorable Ann McManamon, Eighth District Court of Appeals

Cuyahoga County Courthouse,
1 Lakeside Avenue #202, Cleveland, Ohio 44113
1991 to 1993

Judicial Law Clerk The Honorable William K, Thomas
United States District Court (N.D.E.D.)
Howard M. Metzenbaum, U.S. Courthouse
201 Superior Avenue. Cleveland, Ohio 44114
1991

Rocky River Municipal Court
Administrative, Traffic/Criminal Magistrate
2014 to 2019

I previously served as both the Administrative Magistrate and Traffic/Criminal
Magistrate for Judge Brian Hagan at the Rocky River Municipal Court. The Court operates on a
two-week cycle, rotating between Judges Hagan and Fitzsimmons. When Judge Hagan was the
arraigning judge, I handled twice-weekly arraignments, processed all not guilty pleas, saw
prisoners by video for purposes of bond hearings or emergency Temporary Protection Orders
and also handled two dockets for sentencing and diversion hearings. When Judge Hagan was not
the arraigning judge, I had pretrial dockets three times a week, which also encompassed any
suppression hearings and trials. In addition to those duties, I handled all Limited Driving
Privileges for purposes of OVI offenses; I had to monitor when ALS suspensions commenced
and terminated, and rule on any pending motions. Judge Hagan and I split all dockets so that we
had an equal caseload.
During my five years as Magistrate, I presided over approximately 20 bench trials for
traffic offenses and various misdemeanors involving petty theft, trespass and menacing by
stalking. I conducted over 15 suppression hearings. I was comfortable making evidentiary rulings and ruling on objections, because of knowledge gained from years of handling criminal
cases. I also had the privilege of observing some very good trial attorneys during my tenure at
the Rocky River Municipal Court.

City of North Olmsted, Board of Zoning Appeals
Member and Chairperson
-Conducted hearings on variance requests to the City’s Building Code
-The BZA met once a month and had a docket of four to six cases a month; approximate
total of 60 variance requests
-January 2006 to May 2007 (I had to resign because I purchased a home out of the City)

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Question 2

What non-judicial legal experience qualifies you to be a judge?

I am a skilled and experienced trial attorney and have extensive appellate experience.
My practice currently involves complex business and commercial litigation, real estate,
transactional, probate litigation and estate planning, personal injury (including employment
discrimination and civil rights cases); and criminal defense, including felonies and
misdemeanors. My litigation practice involves written discovery, depositions, motion practice,
hearings and trial preparation.

In sum, I feel confident in my abilities in the courtroom due to my extensive experience.
I believe that I am a very effective litigator. I have the ability to make quick and sound
decisions. As a Judge, I would continue to treat all litigants and attorneys with respect, make
quick and sound decisions, and continue to strive for justice.

I have touched all five communities that serve the Rocky River Municipal Court which
includes Bay Village, Fairview Park, North Olmsted, Rocky River and Westlake. I grew up and
was raised in Bay Village and attended Saint Raphael School and I am a lifetime member of
Saint Raphael Church. I also lived in North Olmsted and served on the City of North Olmsted
Board of Zoning Appeals. I also maintained a law office in the City of Westlake for 15 years.
For the past 14 years, I have maintained an office in Fairview Park. For the past 20 years, I have
lived in the City of Rocky River. These are my communities, I was raised here, I work here and
I have chosen to raise my family here.

I have been very active in the West Shore Bar Association as well as the CMBA as well
as the local chambers of commerce. I also volunteered as the Legal Advisor to the Rocky River
High School Mock trial team and a lifelong parishioner of Saint Raphael’s Church.
I have made the purposeful decision to run for Judge in the Rocky River Municipal Court
because I am passionate about our communities and our citizens require an experienced judge
who formerly served as a trial attorney and with a rich background in criminal and civil law.
I have successfully argued and obtained reversals in three diverse cases (two criminal and
one civil) in the Ohio Supreme Court:

Beverage Holdings, LLC v. 5701 Lombardo, LLC, 159 Ohio St. 3d 194, 2019-Ohio-4716,
150 N.E. 3d 28 (November 19, 2019) (involving contract construction in commercial real
estate contracts);
State v. Kona, 148 Ohio St. 3d 539, 2016-Ohio-7796, 71 N.E. 3d 1073 (November 21,
2016);
(involving non-U.S. citizen advisements in pre-trial diversion programs); and
State v. Codeluppi, 139 Ohio St. 3d 165, 2014-Ohio-1574, 10 N.E. 3d 691, (April 7,
2014) (involving standards for criminal motions to suppress in which the Court held “ A
highly detailed pleading of the facts and law is not required to satisfy the notice
requirements of State v. Shindler, 70 Ohio St.3d 54, 1994 Ohio 452, 636 N.E.2d 319
(1994), and to trigger the right to a hearing on a motion to suppress.”).

I believe I am the most qualified and experienced candidate for Judge in the Rocky River
Municipal Court. I have wealth of experience as a trial attorney in both civil and criminal
matters, I have regularly practiced in this Court for 25 years, I know this Court in an out and it is
located in the community that I was born, raised, worked and chose to raise my family. Finally, I
have proven track record as a Magistrate in the Court. If I were elected as Judge, it would be a
seamless transition because I have successfully done this judge before and I regularly practiced
in this court most of legal career.

At this point in my career, I am less interested in accolades or simply making money. I
wish to utilize my skills and expertise to help others and to serve those who do not have a voice
(i.e. civil rights cases) in seeking justice and leveling the playing field. I believe I have
demonstrated my competency as an attorney in private practice. I believe the position of Judge
will present me with a new and different challenge for the remainder of my legal career. I am
prepared to leave the private practice of law and devote all of my energy, talents and time for this
opportunity.

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Question 3

Why are you running for this particular court seat?

The Rocky River Municipal Court plays a vital role in protecting and nurturing our
residents by ensuring that the rule of law is applied in a fair, just and consistent manner. I have
both the legal experience and background to administer justice fairly and effectively and that is
why I am running for Judge.
I have practiced law for over 31 years concentrating in civil litigation and criminal
defense, including serving five years as a Magistrate in the Rocky River Municipal Court. I want
to apply my extensive legal and judicial experience to improve the Court and ensure that the
West Shore communities continue to be a safe place to live and raise a family. I have excellent
legal credentials for the position including the following:

-Served as a Magistrate in Rocky River Municipal Court for 5 years under current Judge
Brian F. Hagan;
-Handled over 700 criminal cases while at the Court, including arraignments, bond
hearings, pre-trials, sentencings, diversions and probation violation hearings;
-Successfully argued and won three (3) different cases before the Ohio Supreme Court,
two criminal and one civil;
-Served judicial clerkships with the Supreme Court of Hawaii, Eighth District Court of
Appeals, and U.S. District Court (N.D.E.D.);
-Obtained extensive legal and trial experience in civil and criminal cases including over
20 reported cases in various trial and appellate courts throughout Ohio;
-Served as Vice President of the West Shore Bar Association and currently serve on the
Cleveland Metropolitan Bar Association (CMBA)’s Membership Committee, the
CMBA’s Cleveland Legal Collaborative Steering Committee; and a 2021 graduate of the
CMBA’s Leadership Academy.
-I am a graduate of Denison University, B.A.; Case Western Reserve University School of
Law, J.D.; and Cleveland State University, M.B.A.

I consider my decision to run for Judge to be the natural evolution of my legal career. I
have cultivated a great deal of knowledge and experience that allows me to effectively serve as
Judge and to administer justice. I was born, raised, lived and worked in all five (5) communities
serving the Rocky River Municipal Court. At this point in my career, I would like to use these
skills to serve our communities and the communities where I chose to raise my family. It has
also been my dream to one day serve as judge and now the timing is right for me to pursue that
dream. I have never run for elected office until now.

Abbreviated Candidate Answers