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Former Clark Drug Court judge among incumbents who lost in primary

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The Clark County judge who ran a drug court that kept some participants jailed for months without due process lost the primary election to a New Albany attorney.

Democratic challenger Laura A. Harbison defeated incumbent Clark Circuit Court 2 Judge Jerry Jacobi Tuesday to be the Democrat on the ballot in November, based on unofficial results. Harbison was admitted to practice in 2009.

Jacobi oversaw the drug treatment court in Clark County, which has been suspended due to “allegations of unlawful conduct by drug court staff and drug court practices harmful to participants,” according to the Indiana Judicial Center. The court is no longer accepting new participants and current ones have been transferred to Clark Circuit 4 Judge Vicki Carmichael.

Several former drug court participants are suing Jacobi and other officials, alleging civil rights violations. The plaintiffs claim they were subjected to improper detentions, some lasting several months, and other alleged due process violations.

Jacobi’s colleague on the bench, Clark Circuit 1 Judge Daniel Moore, also lost in the primary to Democratic challenger Andrew Adams, a Jeffersonville attorney admitted in 2001.

Several other judges around the state were unseated in Tuesday’s primaries. Among them:

  • Tippecanoe Superior 4 Judge Gregory Donat was defeated by challenger Laura Zeman in the county’s Republican primary. Zeman, a Clinton County deputy prosecutor and former Tippecanoe Superior 5 judge, received 57 percent of the vote.  There was no Democratic primary in the race.
  • LaGrange Superior Judge George E. Brown was unseated in the Republican primary, falling to challenger Lisa M. Bowen-Slaven, who received almost 60 percent of the vote. Bowen-Slaven is vying to become the county’s first female judge.
  • Marion County Center Township Small Claims Court Judge Michelle Scott was defeated in the Democratic primary, unseated by Indianapolis solo practitioner Brenda Roper, who won 64 percent of the vote after receiving the endorsement of the Marion County Democratic Party. In November, Roper will face Republican Kevin Green, who ran unopposed in the Republican primary.

Two counties conducted primaries for newly established courts.

  • In Johnson County, Magistrate Judge Marla Clark won the Republican primary for the county’s new Superior Court 4. Clark defeated Deputy Prosecutor Joe Villanueva, winning 57 percent of the vote.
  • In Owen County, Republican voters chose Kelsey Hanlon by a nearly 2-1 margin over Terry English to be the first Circuit Court 2 judge in the Spencer courthouse.

Several counties held primary elections for pending judicial vacancies.

Central Indiana

  • In Boone County, attorney Bruce Petit won a close race against Jim Holden, earning just over 52 percent of the vote in the Republican primary for Boone Superior Court 2. Current Boone Superior 2 Judge Rebecca S. McClure is retiring at the end of the year.
  • In Hendricks County, Prosecutor Rhett M. Stuard bested two challengers to win the Republican primary for Circuit Judge 2, winning 42 percent of the vote over Paul A. Hadley and Herb D. Witham. Stuard seeks to replace retiring Superior 2 Judge David H. Coleman.
  • In Shelby County, Prosecutor R. Kent Apsley beat Andrew M. Eads in the Republican primary to succeed retiring Superior 1 Judge Jack Tandy. Apsley won almost 73 percent of the vote.
  • In Tippecanoe County, current Superior 5 Judge Les Meade defeated Lafayette attorney Earl McCoy in the Republican primary to succeed Donald L. Daniel, who is retiring as Tippecanoe Circuit judge. Meade won 53 percent of the vote. Winning the GOP primary for Meade’s former seat in Tippecanoe Superior 5 was Magistrate Judge Sean Persin, who garnered 53 percent of the vote against his challenger, Lafayette attorney Daniel Moore.
  • In Vigo County, Lakshmi (Lucky) Reddy won 58 percent of the vote in the Democratic primary against challenger John A. Kesler II in the race to succeed retiring Superior 2 Judge Philip Adler. Reddy will face Republican Christopher J. Dailey in the November election. Dailey ran unopposed in the GOP primary.

Northern Indiana

  • In Elkhart County, solo practitioner Teresa Cataldo prevailed in a four-candidate Republican primary contest to succeed retiring Judge George Biddlecome in Superior Court 3. Cataldo won nearly 33 percent of the vote, followed by David Francisco with 29 percent, Andrew M. Hicks with 22 percent and Fay Schwartz with 16 percent.
  • In Kosciusko County, attorney David C. Cates won a three-way race to succeed retiring Judge Duane Huffer in Kosciusko Superior Court 2. Cates received 44 percent of the vote against Chad Miner (30 percent) and Stephen P. Harris (25 percent).
  • In LaPorte County, Michigan City attorney Michael Bergerson won 64 percent of the vote in the Democratic primary against John Lake in his effort to succeed retiring Superior 1 Judge Kathleen Lang.

Southern Indiana

  • In Sullivan County, the Democratic primary is too close to call in a race to succeed Superior Judge Robert E. Springer. Attorney Hugh R. Hunt received 29 more votes than Magistrate Ann Smith Mischler out of 3,935 votes cast. The Sullivan County clerk’s office did not immediately indicate whether a recount would be sought.
  • In Warrick County, Newburgh attorney Todd Corne won 54 percent of the Republican primary vote in his race for Circuit Court judge against Greg Granger, an attorney with Bowers Harrison LLP in Evansville. Current Circuit Judge David Kelley did not seek re-election.


 

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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