Oral History of Thomas Eugene Heydinger
Court of Common Pleas Huron County Ohio – Probate and Juvenile Division – 1975-2002
Nathan E. Perani
Nathan E. Perani
Background
Judge Thomas E. Heydinger was born on August 24, 1940 in Plymouth, Ohio rural Crawford County. He grew up on a farm and attended a two-room schoolhouse until the age of fourteen. Growing up on a farm made him realize that he desired an occupation other than that of farming. He along with three brothers and an older sister all contributed to the family farm that could be compared to a subsistence farm. The family all worked in a collaborative effort to ensure the success of their farm and economic unit of the family.
Judge Heydinger attended the Josephinum High School in Worthington, Ohio. After completing schooling at the Josephinum, Judge Heydinger worked at a factory for a year in order to save enough money to attend college. He then attended the University of Dayton, graduating in 1964, with a Bachelor of Arts in Political Science and History. In 1967, he received his Juris Doctorate Degree from the Ohio Northern University, School of Law.
From 1967 to 1970, Judge Heydinger served in the United States Army. He was a helicopter pilot and lawyer, attaining the rank of captain; and served one year in the Republic of Vietnam. He was awarded the Bronze Star and Army Air Medal for his services.
Judge Heydinger’s prior employment is very broad, which includes being a factory worker, a construction laborer, gas station attendant, soldier, county court judge, and an attorney in private practice of law, Ohio Assistant Attorney General and Assistant County Prosecuting Attorney. In 1975, he was appointed by then Governor John Gilligan and was elected in 1976 to serve the remainder of the un-expired term as Judge of the Probate and Juvenile Divisions of the Court of Common Pleas of Huron County, Ohio. He was re-elected in 1978 and ran unopposed in four elections, until retiring in 2002. Judge Heydinger was the longest tenured Juvenile and Probate Judge in the history of Huron County, Ohio. The Chief Justice of the Ohio Supreme Court has honored Judge Heydinger with the” Outstanding Judicial Service” award, on several occasions.
Employment
To provide further detail the chronological order of Judge Heydinger’s employment it is listed below:
1959 – 1960: Employed as a laborer R. R. Donnelley and Sons, Willard, Ohio.
1967 – 1970: U. S. Army – Helicopter pilot and military lawyer, rising to the rank of Captain.
1969 – 1970: Served in the Republic of Vietnam. Awarded the Bronze Star and Awarded the Army Air Medal.
1972: Crawford County Court Judge. Crawford County, Ohio.
1972 – 1974: Assistant Attorney General of Ohio. Columbus, Ohio.
1974: Assistant Prosecuting Attorney. Huron County, Ohio.
1975 – 2002: Judge – Huron County Common Pleas Court Probate and Juvenile Division. Huron County, Ohio
1976 – 1985: Assigned by the Ohio Supreme Court on several occasions to sit as a visiting Judge in the Juvenile Court of Cuyahoga County.
1986: Assigned by the Ohio Supreme Court as a visiting Judge in the Court of Appeals Eighth Appellate District, Cuyahoga County.
2002 – Present: Assigned by the Ohio Supreme Court as a visiting Judge in the Juvenile Courts of Lucas County, Lorain County and Huron County and to the Municipal Court of the City of Norwalk, Ohio.
Judge Heydinger has been an active member of various fraternal, professional, and veteran’s organizations. These include the Ohio and National associations of Juvenile and Family Court Judges, the Ohio Bar Association, Ohio Juvenile Judges’ Association, American Legion, Veterans of Foreign Wars and Vietnam Veterans of America. Further, Judge Heydinger is an active member of his church and community.
College, Law School and Military
Judge Heydinger attended the University of Dayton receiving his Bachelor of Arts Degree. Upon completion of this degree, he had a three-year commitment to the U. S. Army. He was to attend flight and helicopter school in the U.S. Army. These three years were deferred, for him to Law School. Upon completion of Law School, he was called to active duty in the U. S. Army.
Judge Heydinger explained his time while at Ohio Northern Law School, as one of a 45-member freshman class that graduated 36. This allowed him and his fellow students to get to know one another well. Whereas law schools today have several hundred per class, and this type of small class setting does not exist.
While in law school Judge Heydinger applied for transfer to the Judge Army Advocate General (JAG) Corps, but was denied without any explanation and in October 1967 was placed in active duty. He was sent to the Army Transportation School at Fort Eustis, Virginia. While there, he learned that he passed the Ohio Bar Examination. He notified the Post JAG officer at Fort Eustis that he passed the Bar Examination and asked to be sworn in. The Post JAG officer asked why he did not apply for the Judge Advocate Corps. Judge Heydinger responded that he did but was previously denied entrance. The Post JAG Colonel supplied paper work and Judge Heydinger completed new appropriate forms and hand carried it to the Pentagon. After visiting several offices, he finally spoke to a Major who said, “Lieutenant, we do not need lawyers, what we need are helicopter pilots, you are going to flight school.” And Judge Heydinger responded, “Yes sir” and soon went off to flight school.
Judge Heydinger was deployed to the Republic of Vietnam in January 1969. In July 1969, the United States Congress amended the Uniform Code of Military Justice to conform to Gideon v. Wainwright, 3720.S.335 (1963), thus guaranteeing soldiers a right to legal counsel. Judge Heydinger then was assigned a lawyer to the First Calvary Division JAG for six weeks, until higher command realized that there was a pilot sitting on the ground and he was placed back into a flight unit
Judge Heydinger tried his first case before a military Judge in a tent in a Michelin rubber plantation while in the Republic of Vietnam. He prosecuted a GI who was accused of “punching out” his sergeant. The GI was found guilty and sentenced to six months in Long Bin Jail, a detainment center for military personnel. The jail cells were 8-foot metal containers that the supply materials were shipped over in. There contained two bunks and a bucket, and there were three GI’s per cell that rotated sleep shifts. When they were not sleeping they were marched in formation and performed calisthenics. This was a disciplinary barracks for minor offenses in Vietnam. After his year in the Republic of Vietnam, he returned to the United States and was assigned to Fort Dix JAG staff department during his last six months of duty in the U. S. Army until elected Crawford County Court Judge in October 1970.
Notable Achievements
During Judge Heydinger’s tenure, he has had many accomplishments that I believe should be shared:
June 13, 1978 – present: Instituted the Reach Our Youth (R.O.Y) Program in Huron County, Ohio, “A Big Brother and Big Sister type” mentoring program, which recruits, supports, and monitors large corps of volunteers mentoring children at risk.
1986 to 2002: Staff Member of the Buckeye Boys State annual 9-day practicum in government for high school boys.
1988: Introduced “D.A.R.E.” (Drug Abuse Resistance Education) to Huron County Law Enforcement Agencies.
1988 – 1995: Convened and helped lead the Huron County Collaborative during the 1990’s, a county-wide grass roots effort for a community partnership directed at prevention and development of more effective treatments for abuse of alcohol and other drugs.
January 3, 1989 to present: Instituted the C.A.S.A. (Court Appointed Special Advocates) Program of volunteers in Huron County, Ohio.
1989 – 1990: President of the Ohio Association of Juvenile and Family Court Judges.
1990 – 1997: Served as a Trustee of the national Council of Juvenile and Family Court Judges; having previously served the Council as a Chairman of the Awards Committee, the Resolution Committee, and the Alcohol and Substance Abuse Committee.
1990: As a representative of the National Council of Juvenile and Family Court Judges, attended the first National Summit on State and Local Drug Policy in Washington, D.C.
1990 – 1991: Attended two interdisciplinary forums jointly sponsored by the National Council of Juvenile and Family Court Judges and the U.S. Office of Substance Abuse Prevention on the subject of “Drug Exposed Infants and their Mothers.”
1991: Attended the U.S. Department of Transportation’s Traffic Safety Summit II.
1991: Obtained a five year grant from the O.S.A.P. (Office for Substance Abuse Prevention, U.S. Health and Human Services Department)
1994: Served as a reviewer for the Sixth Exemplary Prevention Program Awards project for NASADAD (National Association of State Alcohol and Drug Abuse Directors, Inc.).
1994: Co-chair of Substance Abuse Committee of the Ohio Judicial Conference.
1994: Chair of the Alcohol and Substance Committee of the National Council of Juvenile Family Court Judges.
1994 – 1995: Board member Ohio CASA/GAL (Court Appointed Special Advocates/Guardian Ad Litems) Association.
1995 – 1997: Charter member of the Board of Directors of Project Leadership of Huron County.
1996: Received the John Elmlinger Award for years of committed community service.
1997: Initiated community efforts to establish a charitable community foundation for Huron County known as “The Fund for Huron County.”
1999: Vice President of the Ohio Association of Probate Judges.
2002: Received the Leona Weisenburger award for a career of dedicated public service.
2002: Elected to a three-year term on the Board of Trustees of Ohio Association of Juvenile Court Judges as a representative of retired Judges.
Judge Thomas E. Heydinger has dedicated his life as a public servant in the many areas we have discussed above. Judge Heydinger went on to elaborate the afore mentioned material, and discussed some additional unique experiences that he has had during his life.
Judge Heydinger discussed that after high school was finished, he worked in factory jobs. Furthermore, he stated that at one summer job each week he had to change shift. He recalls that his body could not adjust to the changing shifts. He then realized that he needed to locate a day job.
The Pursuit of his Legal Career and Life as a Judge
In 1970, Judge Heydinger filed for election for County Judge in Crawford County, Ohio. He was elected with 65 % of the votes and began his administration as the County Judge of Crawford County, Ohio, where his salary was $8,000 annually. After one year, he resigned and took a job at the Attorney Generals Office in Columbus, Ohio. Judge Heydinger remained in Columbus for two and half years.
On April 1, 1974, Judge Heydinger accepted a position as Assistant Prosecutor in Huron County, Ohio. He was appointed by the Governor in January 1975, and then ran for election in November 1976 for the remaining two years of the term and was elected.
Judge Heydinger did discuss his time while campaigning. He discussed that it was difficult at times, but yet rewarding. He recalls some choice words when campaigning; not directly saying there was “mudslinging”, but he can recall some direct statements being made. Judge Heydinger ran unopposed in every election since this 1976.
When asked what his attraction to law was, Judge Heydinger replied that as an undergraduate he never put much thought into law school until his professor of Political Science encouraged him to take the Law School Admittance Test. This professor did write him letters of recommendation’ and Judge Heydinger did earn a partial scholarship to Ohio Northern University Law School, where he obtained his Juris Doctorate Degree in 1967.
Judge Heydinger then explained his desire and thought process about becoming a Judge. He was asked by a member of an accreditation committee of the American Bar Association, “Where do you see yourself in five years?” He replied, “A Judge in a small county”. Judge Heydinger stated that he was quite surprised himself with his response. But, it was from there he became focused on law and becoming a Judge.
There were many programs and accomplishments, which were chronologically listed, but it is imperative to elaborate on some of these items in some detail along with personal recollection as Judge Heydinger recalls.
Judge Heydinger did discuss some programs that he developed. When Judge Heydinger took his seat on the bench, there was not any treatment in Juvenile Court beyond probation. He implemented a group home, which existed for several years. This home was developed to assist children in the county whom required more intensive supervision. This allowed the children to remain local and incorporate a family component. Children were either placed into a State Institution or they were returned home. Any child could be placed in a state institution whether delinquent or just unruly regardless of their crimes.
Judge Heydinger also developed a mentoring program, “Reach Our Youth”. This program began in 1978 and remains in existence today. There are many activities that are scheduled annually that allow the children and their big brothers/big sisters to participate in pro-social activities. The children and their mentors also get together on a regular basis. There currently is a waiting list for this program, thus emphasizing its importance and need.
In addition, Judge Heydinger also implemented Guardian ad Litems and created the Court Appointed Special Advocate Program in 1989. These community volunteers create a speaking voice for dependent, neglected and abused children. These individuals advocate and investigate the child’s circumstances and independently advocate a plan to serve the future best interest of the child.
Huron County Juvenile Court tried a “Scared Straight Program”. This program was short lived, but nevertheless it provided another service to juveniles of Huron County. The children were taken to the old Mansfield Reformatory. Whether or not this program was effective at the time, it offered an alternative.
One of Judge Heydinger’s first actions once elected was closing the local juvenile detention home. This home detained a variety of children. Any child could be detained in this home, regardless of their offense. There were misdemeanors, felons, unruly, dependant, neglected and abused children living within the home. This home was not a secure setting and lacked sufficient adult supervision. There was a sign posted that actually read, “In case of fire, yell real loud.” After immediately stopping the use of this home for secure detention, he began to contract with local area county detention homes. Huron County Juvenile Court continues to contract with local county detention facilities to temporarily house juvenile delinquents.
Judge Heydinger also added, by contract, Court Psychologists, to the Huron County Juvenile and Probate Court. This was rare at the time when he hired them in 1979. Evaluations from the Court Appointed Psychologists allow the Court to consider mental health concerns that may exist. This remains a valuable tool when determining appropriate orders for certain cases before the Court.
Moving the Huron County Juvenile Court into a modern court, along with specific programming are some major accomplishments during Judge Heydinger’s 28 years as Judge.
Memorable Case
Judge Heydinger does recall one memorable case. This case was known as the “Baby Charlie Case”. This child was surrendered for adoption to the Department of Children Services. This child was then placed with perspective adoptive parents. The perspective adoptive mother had severely injured the child. She had beaten this child so bad; he severed his bowel. “Baby Charlie” suffered profound brain damage, including blindness.
Judge Heydinger appointed a special guardian for this child, and gave this guardian written authority to sue the county for not having properly supervised that adoptive placement and not protecting a child in their permanent legal custody. There were also strong early indicators during the child’s adoptive placement that the prospective adoptive parents were not appropriate and the child should have been removed.
The County was found to not have properly supervised this child and not protecting him. This child was later adopted by a family and did have the fortune of being raised by a caring family despite “Charlie’s” permanent lifetime injuries. . This child was not expected to live more than four years. The insurance company did not want to pay out a large amount of money, claiming that the child will not live for more than a couple years. Charlie’s claims were settled with a series of lifetime annuities increasing at ages 5, 15, 18 and 21. The insurance company did agree upon this. Baby Charlie is currently 23 years of age. It should also be noted that the perspective adoptive mother was sentenced to prison for her actions in this case.
This was the first case that involved the media to a large degree. This was not a popular decision, allowing the County to be sued. It was an enormous political decision, with elections pending in the middle of Judge Heydinger’s career. But Judge Heydinger remains confident it was the right decision. This child needed someone to step up and look out for his well-being.
Difficulties Experienced While on the Bench
Judge Heydinger went on to explain that one of the most difficult parts about being a Judge was holding attorneys accountable for their actions. He recalls several times where he was forced to hold attorneys in contempt. As attorneys over stepped their authority and were not fulfilling their obligations, some were eventually disbarred for their actions.
Judge Heydinger also recalls hardship and trying times with the funding agencies. It takes education of all parties involved, including the public, on what it takes to meet the basic needs of children and run a Court. This is difficult and requires a lot of time and effort. Having community meetings allowed the Court to convey this information. This aided in funding of the Court. However, Judge Heydinger had to apply some pressure to ensure his Court received the proper funding necessary to function and provide services to the County. In the State of Ohio, a Judge can order their budget, and the funding source (County Commissioners), must allocate the amount of funds found necessary by the County Judge. Judge Heydinger did journalize his budget needs each year as required by law, but negotiated each year’s final budget. The commissioners were not fond of these journal entries or the process.
When asked about any changes that he noticed during his time on the bench, along the lines of behavior, culture and attitudes of those that he encountered, he discussed the breakdown of the family. Over the years, the family unit has broken down, which is societal. Without the positive family structure, it is difficult for children to become responsible adults. Although there are exceptions to every circumstance, a stable and complete family setting creates a greater opportunity.
Retirement and Future Endeavors
Currently, Judge Heydinger is enjoying retirement. He is spending time with family and traveling some. However, he still remains active in the judicial field. He spends time as a visiting Judge, and sets on the bench for several counties around the State of Ohio.
Judge Heydinger did elaborate on the reason that he decided to retire. He retired in 2002. He could have run for two more elections if he desired. Judge Heydinger reported that he ran out of gas. Over time, the wear and tear of sitting on the bench added up. There are difficult decisions that place strain upon a Judge. In deciding cases, Judge Heydinger felt that he should, in person, announce his decision to the parties. He believed that it was fair to everyone, and that each person deserved to hear his decision. Judge Heydinger could have always opted to conclude a case by a written decision, but again, he believed that everyone in the courtroom deserved to orally hear his decision.
As we review all of the achievements in the life of Judge Heydinger, it makes one appreciate the dedication and tremendous duties of a Judge. Judge Heydinger has served on the bench for 28 years in Huron County, Ohio, and continues to offer his services as a visiting Judge in various Juvenile, Probate and Municipal Courts across the State of Ohio. It is my opinion that Huron County owes Judge Heydinger a large amount of gratitude. Throughout his career, he has shared his wisdom and has been nothing less than honest, fair and caring to all of the citizens that he served.
Oral History of Judge Thomas E. Heydinger was completed by Nathan E. Perani, July 19, 2010
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