MANSFIELD — If you ever get married, adopt a child, change your name, claim an inheritance, write a will or care for an elderly parent, you may find yourself in probate court. It’s one of the most diverse courts in the system.
This year, voters will choose a new Richland County Probate Court Judge. Local attorney Kelly Badnell and domestic court Magistrate Kirsten Pscholka-Gartner are both vying to fill the seat of current Judge Philip Alan B. Mayer, who is retiring.
Probate court is a division of the common pleas court. The 2021 salary for common pleas court judges is $152,811.
Kelly Badnell
Badnell, 54, ran unopposed in the Republican primary. She has practiced law for more than 25 years in Richland County and around Ohio in both criminal and civil cases.
Badnell earned two bachelor’s degrees from Washington & Jefferson College, in business administration and political science. She earned her law degree from Ohio Northern University’s Pettit College of Law in 1994.
Badnell has over 25 years of civil and criminal litigation experience. She began her legal career as a former assistant prosecuting attorney. She has worked in private practice in Mansfield since 1998. She is admitted to practice in Ohio Courts, the United States District Court of the Northern District of Ohio, and the United States District Court of the Southern District of Ohio.
According to her website, Badnell has represented clients in legal matters including personal injury, insurance defense and coverage issues, workers’ compensation claims, intentional tort litigation, mandamus actions and declaratory judgment actions.
Badnell said one of her primary goals for the court would be to digitize old records and create a system that would allow people to file electronically with the court, rather than coming in or mailing documents.
“Certainly the current situation with the pandemic, it would be easier for people,” she said. “We also need to give access to the courts and be able to look at things electronically. It makes it much easier for not only attorneys but people in general to be able to go and look and see what’s going on with their case.”
Badnell, who resides at 69 Woodside Blvd., believes her experience running a private law practice makes her the best candidate for the job.
“(Judges) have to manage staff, they have to do payroll, they have to do budgeting. Those are all things I do in my practice every day. I am the HR department here, so I’m familiar with all those things you have to do,” she said.
Badnell has represented clients in wrongful death suits and minor settlements — both matters handled by probate court.
“Doing those kinds of things where I’m representing clients who’ve had a loss like that, it gives me a lot of compassion and I know how important each case is to everyone and how much it can affect their lives,” she said. “I would apply the law fairly and impartially but I would also treat everybody in front of me with respect and compassion.”
Badnell said she would work to build the skills for guardianship in attorneys and other community members.
“It’s something we need to foster in people, certainly foster it in attorneys because they have the knowledge and understanding, but I think also we could to look for other people in the community who might be willing to work as guardians as well and try to foster those programs, teaching people about it,” she said. “Letting them know the need is there might get more people interested.”
Kirsten Pscholka-Gartner
Pscholka-Gartner, 39, won the Democratic primary against Joe Jerger in the spring. She graduated from Capital University in 2001 and Capital University Law School in 2004.
Pscholka-Gartner started her legal career in 2004, as an assistant prosecuting attorney in the Richland County Prosecutor’s Office. She primarily served as the appellate attorney, representing the State of Ohio in the Fifth District Court of Appeals and the Supreme Court of Ohio. She has handled cases in the Richland County Juvenile Court, and assisted the civil division with pending litigation in the U.S. District Court for the Northern District of Ohio.
In January 2011, she was appointed by Judge Heather Cockley to serve as a magistrate in the Richland County Domestic Relations Court. She currently serves as the court’s chief magistrate.
Pscholka-Gartner, who resides at 410 Cedarwood Drive, stated that her nine years as a magistrate makes her the most qualified candidate in the race.
“I’m the only candidate with judicial experience and it is not easy to make the transition from practicing law to the bench. There are a lot of things you have to think about, there are a lot of restrictions placed on judges and magistrates,” she said.
Pscholka-Gartner also believes her experience in both juvenile and domestic relations court has prepared her for the role.
“You need someone in probate court who has the experience of dealing with difficult family issues, which I have,” she said. “I think that I can deliver fair and compassionate justice.”
Pscholka-Gartner said she would like to implement a system for digitizing court records, possibly by obtaining COVID-19 grant funds.
““I do really want to focus on making the court more transparent and accessible,” she said. “(Digital filing) allows people to access the courts, they don’t actually have to come into the courthouse building, which particularly right now is very important.”
Pscholka-Gartner also said she would work with the local bar and Mid-Ohio Guardianship services to ensure there are a sufficient amount of legal guardians.
“I do want to make sure that we definitely monitor the guardianships that are existing to make sure that the needs are being met of the individuals and also that their rights are being protected,” she said.
