Back in June, Tom Fink was a lawyer practicing in Nogales; then, almost overnight, Judge James Soto, Superior Court Judge of Santa Cruz County, moved up the judicial ladder to the U. S. District Court. Governor Brewer appointed Fink to serve out Soto’s term, and he found himself on the other side of the courtroom with a robe and a gavel. In the fall, Fink campaigned successfully for a new term, (maybe you voted for him), and he is now an elected judge with four years to serve.
In addition, the Arizona Supreme Court appointed him to a concurrent three-year term as Presiding Judge of Santa Cruz County. In that capacity, he will serve as the executive officer of the courts in the county and will be responsible for overseeing all aspects of court business. Judge Soto was also the county’s presiding court judge and left behind a seasoned staff that Judge Fink says makes his job much easier.
Governor Brewer appointed Fink to the Superior Court because he is an extremely experienced litigator. Before he began private law practice in Nogales in 2003, he worked for the U.S. Department of Justice in Washington and the U.S. Attorney’s Office in Arizona. As he says, “I’ve spent 30 years observing a lot of good judges.”
Fate, of course, played a part in Fink’s career. When he worked for the U.S. Attorney in Tucson, he fell in love with this part of Arizona. Then he found a house that he loved, and so he decided to give up a comfortable and secure government job and move here. He was 46 when he opened an office in Nogales and started a law practice with no clients and only rudimentary Spanish language skills. Over the years he built up a good practice, and he now speaks Spanish, as he says, “well enough.”
During his early years practicing in Nogales, Fink was in Judge Soto’s courtroom many times. He says it was an ongoing lesson in how to conduct a fair trial. Nearly everyone in Nogales called the judge “Jimmy,” because he was a hometown boy and knew nearly everyone. But when it came to a trial, Fink says, the rich and poor, the powerful and the weak, friend and foe, were equal in Judge Soto’s courtroom.
Lawyers learn to be judges by watching and listening and figuring out what works and what doesn’t. Fink says that being a judge after all this time feels natural. He thoroughly enjoys his job, but he says the hard part for him is keeping silent when he wants to go back to being a lawyer and give advice. Sometimes, he says, it’s hard to refrain, especially when defendants come without a lawyer and try to defend themselves. Fink says he tries to help those who come into his court by explaining legal procedures and rules in simple, straightforward, and sympathetic terms. He thinks this helps calm fears and makes for a better outcome, as does making it clear that he is paying careful attention.
“If people know they’ve been listened to, even if they lose their case, they’re more likely to accept the outcome,” he says.
Fink loves his job and would have been devastated to lose the election. He spent money putting up a lot of big signs and went all over the county knocking on doors. Judges are supposed to have an open mind about political issues like abortion, gay marriage, or corporate taxes, so such questions never came up in the election. He introduced himself to voters and talked about his qualifications. He’s really glad he did this. It gave him a good sense of the diversity of the county and made him aware of what obstacles he needed to overcome—one being that many people were so upset that “Jimmy” was no longer a judge, they couldn’t think about anything else. When Fink explained that Soto had been appointed to the U.S. District Court by the president, they usually calmed down.
Tom Fink does not look or act like a stereotypical judge. He’s witty, relaxed, and informal and appreciates the fact that, as he says, “The locals don’t treat me with any less disrespect than before.” He still goes to the Wagon Wheel and knows the guys at the gas station.
In a largely Hispanic community, where family is so important, it’s appropriate that Fink’s father, uncle, and brother all came from various parts of the country to be here on the day of the election. They each went to a polling place and stayed all day campaigning. When the polls closed, they all reported that it had been a lot of fun. “It was great that they came. And great that I won,” said Judge Fink. They celebrated at the Wagon Wheel.