Law Long Engrained in Second District Judge

Long before sitting for oral arguments at the Ohio Supreme Court, the law was an integral part of Judge Michael Tucker’s life.

Now a judge on the Second District Court of Appeals, he was first introduced to the legal system as a young boy in Montgomery County, where his father served as a detective for the sheriff’s office.

 “When I was young, I saw what he was doing and became interested with the law,” said Judge Tucker.

He remembers going into work with his dad every Saturday for several years, getting to meet the detectives and learn about how cases are approached at the investigatory stage. Then in 1966, the landmark Miranda v. Arizona decision came out of the U.S. Supreme Court.

“I remember discussing with him how that would change how he went about dealing with suspects. That obviously honed my interest in the law as well,” said Judge Tucker. “Instead of becoming a police officer, I wanted to become a lawyer.”

So, he attended Wright State University where he studied political science with law school in mind.

“I didn’t know if that was going to be reachable, but that was my goal,” said Judge Tucker.

In 1980, Judge Tucker graduated from the University of Dayton School of Law. For the next 20 years, Judge Tucker dedicated his career to being a general practice attorney, handling a variety of cases, including personal injury, medical malpractice, employment discrimination, and criminal.

Deciding to Preside
After two decades, he was ready for a change and decided to take his legal experience to the bench as judge on the Montgomery County Common Pleas Court.  

“It was very helpful, becoming a judge, having handled those types of cases when I was in practice,” said Judge Tucker. 

He was also able to observe many judges over the first leg of his career which helped him build his own philosophy on the bench.

Judge Tucker said he always aims to be on time, get decisions completed as quickly as possible, give everyone an opportunity to present their side of the case, and to make decisions based strictly upon the facts and the law.

After spending another decade-and-a-half as a trial judge, he thought an opportunity to preside on the appellate court would be a good pinnacle to his career. For the last eight years, Judge Tucker has served on the Second District Court of Appeals.

Although the dynamic changed from being the sole judge at the trial level to being one of five judges on the appellate bench, his philosophy has remained the same.

“I think, fundamentally, I'm still the same judge,” Judge Tucker said. “I still try to get my decisions out as quickly as I can and give full and fair consideration to each side's position.”

One of the biggest differences at the appellate level is that the pace is slower than in trial courts.

“I enjoy the opportunity you have to devote time to cases that you really don’t have at the trial level,” said Judge Tucker.

He said he can spend more time thinking and can research topics more thoroughly.

“For the vast majority of litigants in the Second District, or any appellate level, the appellate court is the last word,” said Judge Tucker. “So, it’s important to try to give folks who have, in most cases, an opportunity for only one appeal, to give their case full and fair consideration.”

And because there are three other judges on the panel, there are more minds bringing different perspectives to a case.

“I think that collaboration does make for a better work product,” Judge Tucker said.

Looking to the Future
Sitting on the Supreme Court, Judge Tucker was able to experience working alongside the justices after hearing his assigned case, State v. Jones, in place of Justice Joseph T. Deters. The case examines whether an appellate court unfairly denied a prosecutor’s appeal of a new trial for a former death-row inmate. The Ohio Constitution gives the chief justice authority to assign an appellate judge to hear a Supreme Court case when a justice recuses.

“This is my second time at the Supreme Court, and both times were very good experiences,” he said. “I was particularly struck by how welcoming all the justices were.”

Due to age limitations, Judge Tucker will not be able to run for another term on the Second District. He looks forward to his final four years on the bench before retiring.

According to Judge Tucker, becoming an assigned judge is a possibility, but spending more time with his wife of nearly 50 years and their three daughters and seven grandchildren is top priority. Already, the proud grandparents devote much of their time to watching their grandchildren compete in many different sports.

“We enjoy it. It gives us an opportunity to see everyone and to remain connected with them,” said Judge Tucker.