Gary Rogers
Circuit Court District 6.2 Division 15 Candidate
Candidate introduction at February 9th Indivisible Judicial Forum at UALR Bowen School of Law
Age: 63
Occupation: Attorney
Previous Elected Office: None
Community Service: Member of the NLR Optimist Club (past president); Member of the NLR Chamber of Commerce; NLR School District Task Force; NLR Burns Park Athletic Association Board Member; Coached youth baseball, basketball, and football for 15 years; Member of Central Baptist Church where I taught Sunday School for several years and served on several church committees; Past Board Member of the Pulaski County Bar Association; Member of The Henry Woods Inns of Court
1. What experience, knowledge, and attributes of yours make you believe you will be a good judge?
My best friend is my wife of more than 35 years. Mala’s career as a school teacher instilled in me a core belief that one person can make a difference in the lives of many. Also true is the fact that our community’s resources are the common bonds we share, and that begins with education.
In my three decades of practicing law, I have seen firsthand the need for a judge to stop and ask the question that should be on the parties’ minds in a domestic law case. That question is – “how will this impact the children in this case?” I promise to always ask that question, and I’ll consider the long-term educational impact of the child, the stability of the home, and the temperament of the custodial parent.
With my past 21 years of experience as a District Court Judge, my proven approach is to be firm but fair with all people who appeared before me. As a Special Justice on the Arkansas Supreme Court, I learned how every case matters to our justice system.
2. What are the three most important areas where the administration of justice can be improved at the circuit court level, and how would you implement improvement?
First, we can create a fast docket. Arkansas has the second highest divorce rate in America, and we must reduce our already-clogged caseload. I propose having the option to pic a normal track or a fast track for divorces. People who want certainty and speed can resolve their differences affordably. I believe having closure and clarity is great for the children, especially since most couples divorcing have been battling for years before they file for divorce.
Second, we can fully embrace alternative dispute resolution such as mediation for typical domestic relations cases.
Third, in a domestic relations docket, we can strictly enforce no-contact orders by holding people accountable with the prospect of jail. I believe a good judge can step in and correct parents who fail to follow through with court orders, including unpaid child support.
3. What changes if any can the court system make to reduce the numbers of juvenile and criminal offenders?
This position is for a domestic law judge, so I will first answer from that perspective. In my 25 plus years of domestic law practice, I work with families and children every day. Most juvenile problems concern the early months of divorce, when the bitterness is at an all-time high. For example, I have witnessed children turn to crime as a predictable result of losing interest in school, self-medicating with drugs, or generally turning to crime to get unwanted attention from their parents. I believe a good domestic relations judge must set the ground rules early for divorcing parents, requiring there to be a bright line in favor of keeping the kids in school, receiving counseling where appropriate, and out of trouble.
On a larger picture, I agree we have a crisis in juvenile court because we don’t offer them clear alternatives. The opioid epidemic is impacting parents, which in turn impacts our foster care system, which in turn alienates and displaces our children. Again, crime is a predictable result. As a community, we must provide alternatives. As a judge, we must use alternative treatment courts and educate kids.
4. Do you believe in leveling the playing field between pro se parties (parties without lawyers) and parties represented by counsel, and if so, how would your court do this?
In the domestic law arena, many of the divorces granted are pro se. Typically it is the wife who has the courage to start a new life, and she can find online resources to help her with filing a divorce paperwork. A good judge can do several things to help. First, we can be patient because this is a traumatic life event. Second, we can help secure alternative legal service options – and several are available, including pro bono clinics and law school clinics. Third, we can set a positive, helpful tone in our chambers and at the Circuit Clerk’s desk. Fourth, and possibly the most important – a good judge should not approve an inequitable divorce, especially one secured against an unrepresented person.
5. Do you believe that alternate dispute resolution (mediation and arbitration) should play a greater role in disputes that come to the circuit courts, and if so, how should that happen?
Yes – I am a member of the Collaborative Family Lawyers of Arkansas, which is a relatively recent development in the law. Collaboration process affirmatively seeks to make both parties feel safe, respected, in control of their lives, and as comfortable as possible while working towards resolution. This process is focused on the future and in seeking solutions rather than assessing blame.
As judge, I would set a fast trial date in order to minimize the emotional turmoil from having a distant trial setting. I would also identify a window of time for the parties to mediate or give reason why this case should not be mediated. Then, if the parties wanted to delay the trial on the eve of trial, I would strongly urge them to mediate the case because delay for delay’s sake is inefficient and wasteful. I routinely find my domestic relations clients are much happier with quick, efficient closure. That certainty and clarity helps children tremendously.