Cutler leaves a legal legacy

Superior Court Judge Beverly Cutler practically gave birth to the modern court system we see in Palmer today. As the Valley’s first Superior Court judge, she began meting out justice in a makeshift, one courtroom building nearly three decades ago and has seen the courthouse grow to the newly remodeled facility now in use.

Those on the wrong side of the law might not agree with her judgments, but most who look at justice with an impartial eye find her work over the years to have been fair. She is often noted for her rambling legal explanations prior to sentencing, but kernels of wisdom — regularly common sense — popped out in the discourse so that her reasoning was never mistaken.

She is particularly understanding of young people who make stupid mistakes that can affect them in the long term. Many times in those cases she seems to act more as a mom than a judge, holding her head in her hands, doling out stern reprimands, but sentences likely on the low end so a young man or woman has a chance to make amends in time and become more aware of the demands on them as they mature into adults.

She has, however, little patience for repeat offenders, regardless of age, who put themselves or others in harm’s way.

More than once she has questioned mandatory sentencing, seeing too many years for the crime or the person. She has challenged attorneys to bring similar cases to show when such punishments were handed down in similar cases. Sometimes she has referred sentencing to a three-judge panel to make sure the punishment is just.

Despite what side of the case, people who left her courtroom got a thoroughly fair hearing and that’s all anybody can ask. Judge Cutler will leave her post after 27 years on Sept. 15. The new judge will have, metaphorically, big shoes to fill.

Supreme Smith?

Palmer Superior Court may lose another judge.

Eric Smith is on a two-judge short list for a seat on the state Supreme Court. He and Morgan Christen, presiding judge in Anchorage, await a decision by Gov. Palin.

Judge Smith has been known around the local courthouse as the legal eagle when it comes to interpreting and applying the law. In biographical information he wrote, “My special legal interests include the effective use of juries and methods of alternative dispute resolution.”

Regarding juries, sometimes he will allow jurors to send questions to him that can be asked of witnesses on the stand, not always popular with attorneys on either side of the case.

He has more than a dozen years on the Superior Court bench in Palmer and considerable legal knowledge from work outside courtrooms.

With Cutler leaving and Smith — both Yale law school graduates — possibly going on to a higher calling, the local courthouse will lose some fine minds and good people.