Preparation key for Marion County Circuit Court Judge candidate
Mar. 22—FAIRMONT — The legal profession necessarily creates a flood of paperwork.
Reading copious amounts of legal filings, briefs, decisions and orders is an unavoidable requirement. And when it's not done, it becomes painfully obvious.
"You read what is submitted to you," Matt Delligatti, attorney and candidate for Marion County Circuit Court Judge, said. "If you don't, then you're not doing your job. If you're not prepared, it's going to become well known and you're not going to get the best decisions."
Delligatti is running for Judge David Janes' seat in Judicial Circuit 20, Division 2. His opponents are Chuck Shields and Craig Erhard.
Preparation is key for success, Delligatti said. Judges don't have the benefit of asking others for their opinion, judges are the ones who make opinions. For that reason, Delligatti said relying on one's own work is crucial to the type of work judges do.
Delligatti has extensive experience throughout the legal field.
While most of his caseload is criminal defense, both at the state and federal level, he also handles some domestic work, such as divorce and child custody, and has represented both plaintiffs and defendants in civil matters. His practice takes place mostly in Marion County, but has also handled cases across the state, from Martinsburg to Elkins to Clarksburg.
Practicing a wide variety of cases is important, because it provides experience that judges must draw from when making decisions on cases. Delligatti speaks with ease and confidence on how various aspects of the court system work.
"The thing that it takes to be a good judge is to have experience in various areas of the law," Delligatti said. "And, being able to ultimately weigh both sides of every issue and make the best decision you can. Applying the facts to the law that apply."
Another area Delligatti said was important to be familiar with was abuse and neglect cases. He estimates half the court's time is dealing with juvenile abuse and neglect cases. Those are typically confidential, to protect the rights and identity of underage people.
If Delligatti wins the election this May, it will be another addition to his long record of civic duty. He was elected to Fairmont City Council when he was 20, and mayor when he was 22 in 2009. A Fairmont native, he obtained his undergraduate and law degrees from West Virginia University. His first year of law school coincided with his election as mayor.
After graduation, he landed a prestigious clerkship with Irene C. Berger, U.S. District Court Judge for the Southern District of West Virginia. He also clerked for Michael J. Aloi, 16th Circuit Court Judge. In 2013, he co-founded his practice, Kettering Delligatti Law Offices, across the street from the Marion County Courthouse.
A big influence on Delligatti's life was his grandfather, Ross Maruka, who also practiced law.
"There's very few occasions where folks are coming to you with good news," Delligatti said. "You're usually dealing with folks that are going through the most trying times in their life. I saw how much he was able to help people. And I knew that I wanted to be like him. So, that was kind of one of the reasons that I wanted to go to law school and become a lawyer."
As judge, Delligatti will be going from making arguments of behalf of clients, to being the one making the decision on a case. That means there will be times when he has to make a decision that may be unpopular.
"Being able to shoulder that is very important," he said. "Responsibility is not something that I take lightly and I've been fortunate enough to have been a part of behind the scenes of that very thing."
Which is why representation is important. For that reason, he cited Gideon v. Wainwright as an important case to know. In 1961, Clarence Earl Gideon was accused of burglary. Gideon was poor, and when he appeared for his trial he was on his own. He requested the judge appoint an attorney to represent him, but the judge declined.
The judge explained that the court only appoints attorneys in capital offenses. Gideon asserted the U.S. Supreme Court said he was entitled to representation. The judge overruled him and Gideon was forced to represent himself at trial. He lost.
Gideon appealed the case. In 1963, his case was heard by the U.S. Supreme Court. The decision, delivered by Justice Hugo Black, was unanimous. The court ruled that 'lawyers in courts are necessities, not luxuries. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.'
Gideon was not freed upon the court's ruling, but assigned an attorney and had his case retried. In the second trial, his attorney picked apart a key witness's testimony and Gideon was acquitted after an hour of jury deliberation. The case also set the foundations of the public defender system, which protects the rights of the accused to this day.
"The right of competent counsel is vitally important to our justice system," Delligatti said. "Both for the defendant but more importantly, the community and the victims. The only thing worse than being the victim of a crime is having to have multiple trials because the accused's constitutional rights aren't protected."
Delligatti holds Marion County's legal tradition in high regard, from Judge Fred L. Fox to Judge Michael Aloi, Judge Patrick Wilson and Judge Janes. He hopes to carry forward that legacy of jurisprudence past May.
"I've been very fortunate in my life to have great family and friends that have demonstrated to me what it takes to be a productive member of our community," he said. "I come from a family of educators. Marion County is a special place and if given the opportunity, I will make sure as judge that I do everything I can to keep Marion County as a special place."
Reach Esteban at efernandez@timeswv.com
