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Portage County’s Judge Berger retires from `greatest job in the world’
TRACEY BLAIR
Legal News Reporter
Published: February 12, 2021
Bob Berger has just one regret as Portage County Juvenile/Probate judge.
The fact that due to age limitations, he could only perform the job he loves for six years.
“I think it’s the greatest job in the world. You get to help kids and families, and you get paid for it,” he told the Legal News. “It’s a wonderful feeling. There are so many opportunities to help people. I really enjoyed coming in to work every day. Not everybody has a job like that.”
Judge Berger, a 70-year-old Ravenna resident, retired Feb. 8.
Although destined to be a one-term judge, he saw and did a lot in his six years on the bench.
In juvenile court, he saw several murder cases come in shortly after taking office.
Judge Berger said one of his fondest memories was working in probate court on June 26, 2015 – the day same-sex marriage became legal in Ohio.
“Our first same-sex couple was two ladies who had been together for 20 years, and they were so happy and so enthusiastic,” he said. “They got to finalize their bond by having a legal marriage. I tell you what, everyone caught fire with that because they just loved that couple so much.”
Judge Berger added that he’s proud of the fact that throughout the COVID-19 pandemic, his probate court was one of the few in the state to continue to issue marriage licenses.
Career highlights in juvenile court include de-emphasizing electronic monitoring and emphasizing house arrest.
“And we added probation officers so we could check on the kids 24-7 instead of just during our working days,” he said. “That gives the children a chance to see that they’re being monitored under house arrest. It also gives the probation officer a chance to look inside the child’s house to make sure they’re receiving all the necessities in life.
“We also increased community service hours––not only for our delinquent cases, but our diversion cases too. I love community service because not only are the kids paying back, but they’re doing something for somebody else. They’re acting outside of themselves. If you’re doing something for someone less fortunate, then you’re concentrating on that and getting outside yourself. It gives the kids a warm, fuzzy feeling inside when they’ve done something for somebody else and hopefully they’ll continue that as an adult in volunteer service.”
Judge Berger’s team also began a unique parenting class in 2018 called “Children First,” which addresses the specific issues parents who are unmarried and not living together face after filing actions in juvenile court for custody, visitation and paternity matters.
Children First is a two-day program held on the second and third Tuesday of each month that consists of an educational portion and a work session with attorney mediators who help the parties resolve their own issues without needing court intervention.
His court was also the first in Ohio to establish a juvenile probation program, a 39-week course that teaches adolescents about choices they make––in drug abuse and friendships––and how to address those choices.
The juvenile court also started a new traffic diversion program for first-time offenders who didn’t injure anyone behind the wheel. After attending a two-hour class with their parents and being violation free for six months, the traffic charges are dismissed.
“It keeps the parents’ insurance from skyrocketing,” Judge Berger said. “Secondly, it doesn’t tag the child or make the child lose his license for an adolescent error in judgment. And thirdly, normally if you come in for a traffic case, they just come in and get a fine. If we don’t educate them or put them on probation, I’m not sure they get anything from that.”
After graduating from Kent State University with a degree in education, Judge Berger spent two years in the U.S. Army as a draftee stationed in Germany during Vietnam.
He later graduated in the top third of his law school class at the University of Baltimore.
Judge Berger had a private law practice in Portage County for more than 30 years, first with Dickinson and Giulitto, and then as Giulitto and Berger. Before being elected judge six years ago, he worked as a magistrate for Portage County Common Pleas Judge Laurie J. Pittman.
“Judge Berger’s one of my best friends and I’ve known him quite a long time,” Judge Pittman said. “He helped me as a young attorney and then later on in my career he became my magistrate. He is a very considerate individual and has a passion for helping children and families. I think he has done a wonderful job, especially at Juvenile Court, in creating programs that assist children in writing their path and trying to get on the right track. The success of the parenting program has been phenomenal.
“He is full of life and joy and he’s been through some rough roads himself, so he understands the plight of individuals before him ––parents and children.”
Judge Berger said he became determined to help children after recovering from the grief of losing a child at birth.
He credits his own past as the reason he relates so well to juveniles going through a rough patch.
“I was a juvenile delinquent myself,” Judge Berger said with a laugh. “I can understand their rebellion against authority, but at the same time I also know from my years of experience that sometimes you’ve got to learn to work within the system.”
Judge Berger said he plans to keep busy in retirement by becoming a visiting judge and spending more time with family.
He and his wife, Patty, have a 22-year-old son, Colin.
At first, Colin told his father he didn’t want to become a lawyer due to all the long hours.
“I didn’t argue with him,” Judge Berger said. “But then his friend took law courses and then Colin did an interview with the prosecutor’s office, and now he’s going to go to law school. He’s got the bug himself.”
Judge Berger said it wasn’t always easy juggling two judicial jobs.
“The county commissioners probably don’t want to hear it, but they should split those courts. There’s a lot going on in both courts,” he said. “I spent two mornings in probate court and the magistrate spent three. The rest of the time I’d be in juvenile court because juvenile court is more demanding.”
Judge Berger predicts new Judge Patricia J. Smith will do a great job as his successor.
“She has the heart for this position,” he said. “In juvenile court, you have to have a lot of empathy for the people we serve because you’re facing children and families that hopefully you’ll turn around a little bit. And in probate court, you’re going through the anguish of death and we also deal with a lot of guardianships, so it’s taking care of people that can’t necessarily fend for themselves.
“It’s a position where you want a judge who’s intelligent, that knows what they’re doing but also has a heart to be empathetic to the people we serve. She has that, so she’ll be an excellent replacement.”