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Election choices fade for Marion Superior Court

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Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.

By the noon deadline on Feb. 25, incumbent Marion Superior Judges Kenneth H. Johnson and Gary L. Miller withdrew their names after filing their candidacies late last week. Both were overlooked at the county Republican Party's slating convention Feb. 16.

Indianapolis attorney Angela Dow Davis, who'd filed to run against the Democrats' slate also chosen Feb. 16, withdrew her name by the deadline. Davis would only say she wasn't slated and decided for personal family reasons not to run.

Each party has eight Superior Court judgeships in the primary, since state law balances the court between the Republicans and Democrats.

Judges Miller and Johnson said they were surprised and disappointed about not being endorsed by their party, but they supported the system and decided it would be best for them personally and the Republican Party not to run.

"In my opinion, the convention produced a number of inequities that ended a 30-year distinguished career," Judge Johnson wrote to Indiana Lawyer, explaining his decision to withdraw. "In light of these events, it is my opinion that a contested primary would not be in the best interest of our party and that we, as Republicans, need to continue to build on the excitement and momentum gained from last November's victories."

The judge spent an "emotional, harrowing, and sleepless" weekend weighing a decision, ultimately deciding that it would be best for his family and political party to not run against the slate, he said, citing his lifelong work of trying to further the goals of his political party.

"If you run against the slate, this all becomes hardball and the gloves really come off," he said. "The personal costs are so much greater."

Judge Johnson has been on the bench since 1979, most recently handling civil cases and multi-district litigation involving mass tort cases on asbestos and silica. Among his accomplishments is Schultz v. Ford Motor, which was the first case in the nation to involve a paperless trial.

Judge Miller, who's been on the bench since 1991, said he also welcomed the additional weekend to make a decision.

"I was not happy about the surprising results on the day of slating, but rather than endure 10 weeks of a bitter and costly campaign, I thought it would be better for everyone this way," he said. "I had support and financial commitments, and so that wouldn't have been an issue. But the whole process would have been unseemly, and that's not what I want."

Judge Miller credited the slated candidates as all being "good, honorable, and qualified" for the job, and said in the end it comes down to them doing a better job at courting precinct committeemen and party leaders.

"Quite clearly, this is something I didn't do as well," he said. "People who might have half the story or ignore it completely have all kinds of reasons that are just silly, from my not wearing a suit to being out of town for a week before the (convention) and missing forums. The fact is, I didn't get slated and now I'm not running. That's it."

The Indianapolis Bar Association's Judicial Excellence Political Action Committee recently released its 2008 Judicial Candidate Qualification survey results. Judge Miller received an approval rating of 85.5 percent and Judge Johnson received an 82.6 percent approval mark. Davis got a 41.2 percent approval rating. The surveys go to members of the IBA and Marion County Bar Association, as well as county prosecutor and public defender offices.

As a result of the judges' decisions to withdraw, all eight slated Republicans will be elected to the bench. Those on the Republican slate are incumbent Judges Cynthia Jane Ayers, Dave Certo, Robyn L. Moberly, Marilyn A. Moores, and Ted Sosin; as well as criminal Commissioner Marc T. Rothenberg, and attorneys Kurt Eisgruber, and Timothy W. Oakes. The Democratic slate lists incumbent Judges Annie Christ-Garcia, David J. Dreyer, Patrick L. McCarty, Tanya Walton Pratt, David Shaheed, and presiding Judge Gerald S. Zore; as well as attorneys Garland E. Graves, and James B. Osborn. On the Democrats' side, Washington Township Small Claims Judge Kimberly J. Brown is the only unslated choice on the ballot.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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