BENTON – Marshall County Circuit Court Judge Dennis Foust has put the rumors to rest – officially announcing his plan to retire this morning during a press conference. Judge Foust, who has served the past 25 years as Circuit Court Judge said of his decision – “You just know when it is time for a change.”
Jokingly, he notes that several years ago he recalls saying, “The day I am dealing with fourth generation criminals will be the day that I know it is time to go.”
While he says that has not yet been the case, he adds “there are still a few years before I get there but in theory, but if I served out this eight-year term, there would be a possibility that I would see a fourth generation criminal. Read into that what you will,” he said, “but those of us in the criminal justice system have ideas as to why that would happen.”
He admits that the last few years have brought about new struggles in the courtroom making his job all the more difficult. “What’s happened in the last two or three years in criminal court is mainly the process of my aging,” noting he is now 55 years old.
“From the bench I am now seeing indictments come down, defendants with years of birth – 1991, 1992, 1993, 1996 – I am now dealing in the criminal justice system with my children’s contemporaries and that has become very difficult.”
Foust said this has made a tough job even tougher. “There are times where I feel like my brain is frozen – what am I supposed to do? I come up with solutions the best I can but it is becoming more and more difficult given that backdrop.”
Foust told a packed courtroom today of his retirement announcement that there is “nothing wrong,” no specific reason for retiring other than he simply feels now is the right time. His last day on the bench is set to be July 16th. “I feel like I am still effective and there are certainly things I am going to miss,” he said making special mention of his staff who were all in attendance, probation and parole officers, members of law enforcement and even the media.
Foust started his career as a public defender in the 80’s before going on to serve as District Court Judge and then moving on to Circuit Court where he has served the past 18 years. “What am I going to do now,” he quipped. “Well, I am going to do lots of things including finishing that book,” he said of a writing project he has underway on simplifying the Bill of Rights.
As for the court system, Foust reassured the crowd saying the court “will not come to a grinding halt.”
He added that much like during a recusal, a special judge will be appointed where needed. He did say that an appointment of a retired judge could be possible due to the heavy caseload expected in addition to trial and specialized case work.
He did say that because those seeking to fulfill his unexpired term will be on the November ballot, a replacement appointment by the governor is not expected.
“The lengthy process would not be practical” he said referring to the general election in November where a new Circuit Court Judge will be elected by the voters of the 42nd Judicial Circuit – Marshall and Calloway Counties.
Foust said following retirement, he may look at participating in the newly created Retired Judges Program which replaces the old Senior Status Program and added that he may even look at practicing law again.
Foust did say he wanting to clear up any misconceptions saying he is not looking to be on any ballot in 2015, but said beyond that, “I don’t necessarily have any political aspirations one way or the other, but if I saw that there was something I could help out in, then certainly I would give consideration to that in the future. For now, I am going to enjoy July 17th – now what happens on July 20th, who knows.”
When polled by the audience, Foust said his most memorable case was one involving his having jailed a man whose cell phone went off during court in which he gained national attention for.
Foust summarized to say, “That story was blown way out of proportion, but the untold story about that was – the guy was really lucky. He was lucky because I put him in jail because his cell phone went off – if his cell phone would not have gone off, his probation would have been revoked and he would have gotten a five year sentence. He is lucky because he distracted my attention that day,” Foust said with a laugh.
He continued adding, “He is still paying restitution, faithfully attends court and is one of the most respectful defendants that I have, so it all worked out.”
As for his proudest moment, he said it would have to be seeing the first graduating class of Drug Court. That is the one place that I feel like we are really able to make a difference. It is very rewarding to see someone who I have struggled and struggled and struggled with, both inside and out of the court system, do well. Foust helped to bring the program to Marshall County and has been very involved in helping to oversee and ensure its success.
Of all of his many accomplishments and service to the community, it is obvious that Foust’s contributions to Marshall County are far from over. While he certainly did not lay out any specifics, he left everyone today with this thought, “I never dreamed 25 years ago when I was serving as District Court Judge that I would be sitting here as Circuit Court Judge – it’s been a good ride, I don’t rule out anything in the future.”
Several candidates are expected to file for the office of Circuit Court Judge, two of which made official announcements today: click the following link for the story – https://www.marshallcountydaily.com/2015/06/05/candidates-announce-their-intention-to-run-circuit-court-judge-race-to-be-on-the-november-general-election-ballot/