‘I’m grateful to the people of Bay County for putting me in this job,’ says retiring Judge Harry Gill

BAY CITY, MI — After 12 years dispensing justice, Bay County Circuit Judge Harry P. Gill is hanging up his black robes. Before stepping down from the bench to enjoy his retirement, Gill reflected on the one attribute he considers paramount for judges.

“I think a judge’s disposition and temperament is the most import aspect or quality of a good judge,” Gill said. “Being a judge is what we do, not who we are. I think it’s incumbent on a judge to treat people with respect, listen to what they say no matter what they’re accused of doing, and to keep an open mind. If you don’t have a well-suited, calm disposition, you’re not going to be open to what they’re going to say. You’re not going to be open to considering whether there are mitigating circumstances.”

Gill is working his last day Thursday, Dec. 29. Due to his age, Gill was required to retire once his term ends this year. The Michigan Constitution prohibits a person from being elected or appointed to a judicial office past the age of 70; Gill turned 72 earlier this month.

“I still love the job, and that probably means it’s a good time to go,” he chuckled.

While still a practicing attorney, Gill appeared before judges that he could tell hated their jobs, a trait he never developed.

“They were grumpy, not well-prepared and it is infuriating as a litigator,” he said. “It also ends in bad results. You don’t have to be brilliant to be a judge. You have to be reasonably smart and reasonably skilled as a lawyer. The most important thing is to be open and calm and respectful.”

Gill was first elected to the judgeship in November 2010, having practiced law in Bay City for more than 33 years.

Born in New York City, Gill moved to Bay City when he was 9 for his father’s work. It was in childhood he began thinking about a career in the law.

“As a kid, I always had an interest in history and politics and things of that nature,” he said “Lawyers and history are kind of intertwined. In retrospect, I didn’t understand how it worked very well, but it got my interest in it. When I got into it, liked it a lot.”

Gill graduated from All Saints High School in 1969, later earning his juris doctorate from the University of Toledo College of Law in 1976. He then returned to Bay City, starting with the prominent firm of Smith & Booker and working there for 11 years. He later joined the partnership of Patterson, Gruber, Kennedy, Gill & Milster, which became Kennedy, Gill & Ball in 2006.

In early 2010, an avenue opened for Gill to throw his hat in the ring for a county judgeship, due to the retirement of Circuit Judge William J. Caprathe, barred from seeking reelection due to his age.

“I always admired the work and responsibilities of a judge, whether you ever pursue it, in part, stems from whether there’s an opportunity,” Gill said. “I thought about it and I guess I decided, well, if I don’t run for it I’ll never know if I could have done it. I was in a spot in my life where if I lost, I had a spot to come back to. I ran, I got it, and I’m really glad I did.”

Gill’s predecessor, Judge William J. Caprathe, was likewise barred from reelection due to age.

On assuming the role, Gill found it exhilarating but did not waver in his sense of responsibility to the public.

“I have found it to be a very invigorating experience,” he said. “I’ve always tried to look at this as my responsibility to the people and citizens who come before me. No matter what’s happened to them, it’s probably the worst day of their lives and I try to do what the law requires but in a manner that is as helpful to them as possible. It isn’t always painless, but you don’t have to aggravate it.”

The most rewarding aspect of his time as a judge has been presiding over the county’s Adult Drug Court. Founded in 2012, the program seeks to rehabilitate defendants whose crimes stem from drug addiction, likewise lessening the burden on the prison system by incarcerating fewer people.

To be eligible for admittance, defendants must be charged with a felony directly caused by chemical dependency, such as drug possession, larceny, or home invasion. Perpetrators of violent crimes generally are not admitted.

“That is a sea change in the criminal justice system that really ought to not be limited to experimental courts,” Gill said. “People end up in trouble for a lot of reasons, but a lot of it has to do with addiction to drugs and mental health, and a lot of that has to do with what’s happened to you in the early part of your life.”

Drug Court attempts to address these factors through intense mental health and substance abuse therapy. Requirements include getting a high school equivalency diploma, attaining employment or being enrolled in vocational training, intense reporting to probation agents or case managers, and seeing the judge at least every two weeks.

“We have a lot of people who have drastically changed the way they think during that process,” Gill said.

In years since leaving the program, several former participants have approached him to share the positive influence the program had on their lives.

“And contrary to popular belief,” Gill continued, “the research shows people who come in (to Drug Court) to avoid jail or some other consequence do as well as people who have less serious issues with the law. It does make them stop and think and many of them get the message. They learn the tools to stay off drugs and improve their self-esteem, which is so critical to all of us.

“The feeling that you’re worthy of happiness, that’s what we try to instill in people,” he said. “That by far is the most rewarding part of the job.”

During the COVID pandemic that caused courthouses to close to the public for months, Gill kept his caseload moving with remote hearings via Zoom. He was among the first in the area to implement such novel technology in the court realm.

“It saved the day and it’s still very useful,” he said. “A lot of time was wasted by people driving all the way here for a hearing that would very well be conducted over Zoom.”

Asked what he hopes his legacy will be, Gill demurred in his modest fashion.

“I don’t know that we ever do have legacies or that we’re long remembered,” he said. “But I’m grateful to the people of Bay County for putting me in this job. I hope they feel I’ve applied my best talents and efforts to uphold the trust they placed in me. I’m not the guy to say whether I have or haven’t, but I’ve tried.”

Among his peers, Gill’s presence was a welcome addition, while his looming absence will leave tough shoes to fill.

“I’ve known Judge Gill since we were in high school together in the 60s at All Saints,” said fellow Bay County Circuit Judge Joseph K. Sheeran, who was already a judge when Gill joined him on the bench. “He’s still old school in that he’s really a gentleman with a kind heart who treats everyone with respect. He’s an exceptional lawyer and a great student of the law.”

Sheeran described Gill as more than a colleague and benchmate.

“I count him as a good friend and I shall dearly miss working with him,” he said. “He was a natural, really, at being a judge. His combination of love for people and love for the law really served him well.”

In addition to Gill’s reputation as a kind and polite man, District Judge Timothy J. Kelly fondly recalled his sense of class and fashion sense.

“Most people will talk about his kindness and his gentlemanliness, but I always remember him as being very dapper, going back to when he was a neighborhood kid,” Kelly said. “I always tease him about being dapper. He’s a well-dressed guy.”

In the late 1960s, Gill worked at Ideal Party Store at 908 N. Johnson St.

“He would walk to work down Fifth Street to his job wearing dress slacks, a white shirt, a tie, and wingtips,” Kelly said. “As neighborhood kids, we were most impressed. Fast forward to mid to late ‘80s, and we played together on Bay County Bar Association softball team. He would show up to softball games and play in his wingtips! We would just roar. He was the classiest thing about our team.”

Upon retiring, Gill’s immediate plans are for he, his wife Connie, and their two dogs to make a trek north for an extended sojourn at their cottage in the Upper Peninsula.

“We do not have a return date,” he said with a smile. “We’re just going to enjoy each other’s company for two to three weeks and read a lot of books. We’ll create the next three years of our travel plans.”

Historical novels and biographies are Gill’s forte, though he’s not opposed to an occasional spy thriller.

After his vacation, Gill plans to continue residing in Bay County.

“Connie is a native and I consider myself a native,” he said. “We like it here.”

Down the road, he hopes to open a part-time meditation business, which will keep him involved in the justice system.

Gill’s successor, Jessie Scott Wood, ran unopposed and won election in November. She is to be sworn in at 10 a.m. on Thursday. On what advice he has for Wood, he humbly encouraged her to forge her own path with her judgeship.

“My successor is a very talented and experienced lawyer, who has a very good disposition suited for the job,” he said. “I don’t think there is any advice I can or should give to her other than to believe in herself, because I certainly believe in her.”

Pondering his past and future, Gill stressed his gratitude to the citizenry and appeared eager for his next chapter.

“I’m grateful to the people of Bay County for giving me this opportunity,” he said. “I’ve tried my best. I have found it to be very invigorating and exciting. On Thursday night, I’ll walk out of there with nothing to worry about. That’ll be a whole new experience.”

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Bay County drug court: Program addresses causes of crime

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