The Lasting Influence of Judge Melvin Resnick by Mike Bruno
When I started working in the courthouse in 1980, it was a new and overwhelming experience. Besides my judge, there were six others who sat on the Common Pleas bench, several upstairs on the Court of Appeals, and a Probate Court Judge on the second floor. By far the most unique judge of them all was Melvin Resnick, who occupied tiny courtroom 7 on the 4th floor. little did
I know at that time the influence Judge Resnick would ultimately have on my career.
Melvin Resnick was born in New York City in 1927. His family moved to Toledo in the early 30s and founded LaSalle Cleaners. He joined the Navy and served in WWII. Afterward, he earned his JD from The Ohio State Law School in 1952. He worked in private practice before becoming an Assistant Lucas County Prosecutor.
In 1970, as a prosecutor, he appeared before the United States Supreme Court on a death penalty case, arguing the issues of bifurcated trial in death penalty cases and the lack of adequate guidelines for jury determination. He won the case which was later altered creating the bifurcation of guilt and innocence and creation of mitigating circumstances guidelines for the jury to determine when the death penalty was proper.
Judge Resnick was elected to the Lucas County Common Pleas Court in 1976 and later appointed to the Sixth District Court of Appeals in 1990. He was married to former Ohio Supreme Court Justice Alice Robie Resnick for 38 years before he passed in 2008.
As a bailiff I learned early on that Judge Resnick was a type-A personality: competitive, organized and driven. The Ohio Supreme Court required monthly reports of each judge’s docket, including the number of pending criminal and civil cases. At the due date, we could expect a visit from Judge Resnick, inquiring about our monthly numbers; he wanted to finish first among the seven judges, with the lowest caseload.
A few years later, as an assistant prosecutor, I had the good fortune of being assigned to Judge Resnick’s courtroom. As a junior prosecutor, I handled low-level felonies, including theft offenses, aggravated assaults, and breaking and entering cases.
This was a plum assignment. As the most efficient trial judge, Mel Resnick’s morning docket often concluded before 10:00 a.m., compared to other judges being on the bench well into the afternoon. This meant I could spend more time in my office on case preparation, while other prosecutors were still sitting in their courtrooms.
As an example, consider the process in which a defendant formally changes his or her plea from not guilty to guilty. Judges are required to explain all rights the defendant is giving up by pleading guilty, a lengthy process that can take up to 25 minutes.
Not Judge Resnick. A master of both efficiency and multitasking, Judge Resnick could take a guilty plea in 7 minutes. The typical setting was in his Chambers and not the courtroom. There was Judge Resnick, sitting at his desk, smoking a cigarette, yellow highlighter in hand, Stock Market pages of the Wall Street Journal spread out on his desk. Court Reporter Ed Holewinski was nearby. Defendant, defense counsel, and me facing the judge. Step by step, often without looking up, Judge Resnick would go over each case and every constitutional right given up, until the guilty plea form was signed. He had the process down to a science.
Judge Resnick, when anxious, exhibited a flush face. Such was the case in 1987. I was prosecuting a rape case and the victim was on the witness stand. While this was occurring, I noticed the criminal bailiff slip a note to the judge, and suddenly the judge turned bright red. He announced a recess (which was highly unusual during a victim’s testimony), informing that he needed
to call his broker due to the stock market dropping. That day would later be called “Black Monday”.
By 1987, Judge Resnick had been on the bench for 10 years. I was again assigned to his courtroom, this time as a senior prosecutor. I was promoted because Jim Yavorcik was leaving the prosecutor’s office to practice privately with a firm. Before leaving, Jim gave me some advice on dealing with Judge Resnick: “The first time he tries to bully you to do something, stand up to him and refuse.” Truer words were never spoken. From that point on, Judge Resnick became a mentor.
When the Courthouse acquired its first Westlaw (legal research) terminal, it was Mel Resnick who raced me down to the law library to get help on a unique legal issue for one of our upcoming trials. During recess of another jury trial, it was Mel Resnick who would slip into the back door of the prosecutor’s office to offer advice on how to handle an upcoming witness.
When I was at a crossroads career-wise after 5 years in the prosecutor’s office, it was Mel Resnick who recommended the partners at Doyle, Lewis, and Warner interview me for an Associate’s position in 1989. Thanks to Judge Resnick, I was hired and spent 14 happy years with that firm. Judge Melvin Resnick was one of the most unique Individuals I have crossed paths with professionally. His guidance from many years ago continues well into the 21st century.
