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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Critics Don’t Like Judge’s Attitude, Fight Re-Election Called Unduly Harsh, Marano Says He Just Tells It Like It Is

A wooden mallet sits on Judge Eugene Marano’s desk. The words printed in red on the side read: “Judge Marano’s attitude adjuster.”

Some who have stepped into his courtroom feel as if they’ve been hit with that mallet.

With his sharp tongue and take-no-excuses attitude, Marano is Kootenai County’s most controversial magistrate. Some say he’s unduly harsh; others say he’s tough on crime. Some say he’s rude; others say he tells it like it is.

He is one of the most praised and most despised judges around. And he doesn’t apologize for it.

Now, an effort to oust Marano is under way, led by two who have faced the judge in court.

“He ruined my life,” said Lisa Shafer of Coeur d’Alene. “I don’t ever want to see another human being go through an unfair judgment by him again.”

Shafer and Chad Bennett, of Hayden Lake, have plastered signs around town declaring “Vote NO to re-elect Judge Eugene Marano.” Both went before him in separate child custody disputes. Both came away unhappy.

“If these people are upset with me, that’s OK,” Marano said. “If they want to blame me for losing their kids, that’s OK. But the day will eventually come when they’ll have to look in the mirror and decide who actually is to blame.”

Marano became a Kootenai County magistrate in July 1985 after spending time as a prosecutor and public defender.

The 52-year-old father of three draws much of his inspiration from the man whose picture hangs on his office wall - Harry S Truman. Marano figures he’s read nearly every book written about America’s 33rd president, a man who coined the phrases: “The buck stops here” and “If you can’t stand the heat, stay out of the kitchen.”

The mallet on Marano’s desk was a gift from another judge. “I’m a big believer, especially with juveniles, that they need an attitude adjustment,” he explained.

Last week a 15-year-old accused of battery and theft threatened to run away with two older boys. When the judge ordered the boy to tell him who they were, the youth refused.

Marano ordered him locked in detention until he handed over the names. After three days, the youth was ready to fess up and the judge ordered him to stay away from the older boys - to his mother’s relief.

“If they want to cop an attitude with me, they’ve got to realize they’re going to lose,” Marano said.

During his 11 years as a 1st District magistrate, Marano has developed a reputation - and drawn criticism - for handing down stiff sentences.

Defense attorneys - given the option of disqualifying one judge in every case - ask to remove Marano more than any other.

“I believe that he truly cares, that he puts thought and time and effort into his caseload,” said Kootenai County Chief Public Defender John Adams. But “I think his sentences are harsher than any other magistrate I’ve ever seen.”

For example:

An 18-year-old man got 90 days in jail after he repeatedly refused to do his court-ordered community service for fishing without a license.

A 16-year-old caught smoking was given 58 days in detention after repeatedly failing to do community service and show up for court.

“Everybody says because he gives the maxes that there’s something wrong with that,” said attorney Tim Van Valin, whose clients have been sentenced by Marano. But “I’m of the opinion that people have been coddled too long.”

Juvenile prosecutor Barry Black insists Marano is not unduly harsh on the first conviction. But, “If they come back two and three times to his court then they can expect the hammer to fall.”

But some attorneys say the judge is unpredictable, a “loose cannon” and ill-mannered to their clients.

“It’s hard to feel any comfort whatsoever that your clients are going to be treated fairly,” said a trial lawyer who asked not to be named. “You don’t know if he’s going to be rude to your client or the other attorney’s client.”

Chad Bennett got a taste of Marano’s straight-talk during his 1995 divorce proceedings.

“I find that both parties’ conduct has been sleazy at best,” the judge told Bennett and his ex-wife as both tried to get child custody. Marano was referring to the couple’s extra-marital affairs and the fact that Bennett had sex with his future wife who at the time was underage - an offense considered rape in Idaho.

Bennett is now campaigning to have Marano voted out of office. He is angry at the judge for giving joint custody to his ex-wife - she gets the children during the school year, he gets them during the summers. He said the judge ignored serious faults in his wife’s child care - allowing the kids to live in a crowded, unstable and possibly dangerous home.

But Marano found Bennett to be manipulative and abusive toward his wife. While Bennett claimed the children were living in poor conditions, the father did nothing to help her support them, Marano said.

In a separate case, Shafer believes Marano wrongly gave her exhusband joint custody. She suspects her ex-husband abuses the kids. Nevada records show the man was convicted of battering her.

But during the divorce proceedings, Marano told Shafer and her ex-husband: “Quite frankly, and this may sound derogatory … I think we had domestic violence between two druggies going on at the time.”

Such bluntness angers Bennett and others. ‘He’s an arrogant man. If he has a personal opinion I don’t think it has any place in that courtroom.”

“I don’t mince words,” Marano admits. “You know where I stand on just about anything that comes in front of me.”

But he said he has little tolerance for whiners and people who don’t take responsibility for their actions. He said his decisions are based on what’s right not what’s popular.

“I’m sorry if they don’t like it,” he said. “I don’t make their lives up; I don’t cause their actions. They do that all themselves.”

, DataTimes ILLUSTRATION: Color Photo