ILNews

Candidacy issues in Allen, Lake counties

Back to TopE-mailPrint

During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.

At a four-hour meeting Sept. 2 in Indianapolis, the four-member Indiana Election Commission took sweeping action that influences the Nov. 2 general election but has a larger meaning statewide for those who might consider becoming a judge. One decision translates to a determination that incumbent judges aren’t held to the same standards as attorneys who might run for the bench, while the other paved the way for a court case regarding who can be in the race to replace a longtime Lake Circuit judge.
 

william fine Fine

The judicial candidacy questions on the agenda involved Allen Superior Judge Kenneth Scheibenberger and Circuit judicial prospect William I. Fine.

While both decisions influence the upcoming election, the Judge Scheibenberger challenge was an issue of first impression that the state commission

hadn’t previously analyzed. The Lake Circuit judge issue presented a unique aspect of how political party rules can be used to put a judicial candidate on the general election ballot.

“Clearly, those unique challenges made this meeting stand out for the legal world,” said Dale Simmons, the Indiana Secretary of State Election Division’s co-legal counsel, who offered advice to the commission during the meeting as he has for the past decade. “We usually have candidate challenges, but these presented something new for the commission to consider.”

Unique to Allen County or statewide standard?

A group of 12 residents argued that Judge Scheibenberger should be removed from the ballot because he’s been disciplined by the Indiana Supreme Court – based on formal charges filed by the judicial qualifications commission – and that makes him ineligible for the ballot.

The Supreme Court last year suspended the longtime judge for three days without pay because of his conduct in late 2007 when he – wearing his judicial robe – went into another judge’s courtroom for a sentencing hearing and verbally accosted the family of a defendant he suspected had been connected to his son’s drug-related death a year before. The justices determined his behavior was that of a grieving parent.

Opponents who wanted the judge removed from the ballot used that incident and IC 33-33-2-10(3), which states that judicial candidates may not have had “any disciplinary sanction imposed … by the supreme court disciplinary commission of Indiana or any similar body in another state.”

Legislative history doesn’t offer any reasons for the provision that falls within Title 33, but House and Senate journals from 1983 show that the statute – originally I.C. 33-5-5.1-29.3 before it was recodified – was a new section enacted as part of Public Law 301-1983, §4. The measure was a last-minute addition during conference committee, tacked onto Senate Bill 191 that then-Sen. Lillian Parent, R-Danville, introduced to make littering a Class B infraction. Rep. Richard Worden, R-Allen County, was one of the four conferees assigned to the legislation at the time, and he’s the lawmaker now credited for putting the judicial provision into place.

No other legislative history exists showing why it was done, and there’s no written guidance in the 27 years since then that the election commission could use to analyze the statute.

Opponents argued it applies to judges and prevents them from retaining office if they’ve been disciplined, while Judge Scheibenberger and his legal team contended that it’s a term of art not applicable to incumbent judges.

Jeff Arnold, a lawyer speaking on behalf of a person wanting the judge off the ballot, said the statute used the disciplinary commission as a general term because it wasn’t capitalized and should also be read to encompass the judicial qualifications commission. He noted that if the election commission reads that law closely, it technically does nothing at all because only the Supreme Court can sanction attorneys and judges.

But the judge’s attorney, Robert Thompson, said that phrase was a term of art and that the General Assembly knew exactly what it was doing to specifically craft a statute that draws a distinction between disciplined attorneys and judges. He said the Indiana Constitution specifically outlines the powers of the judicial qualifications commission, and this statute wasn’t meant to usurp that authority.

Thompson said the legislative intent isn’t important, but rather it’s the intent of the law that can be gleaned from the words and related sections. A statute must speak for itself, he said.

“If they meant to include sitting judges, they would have included a sanction initiated by the judicial qualifications commission,” Thompson said. “You can’t construe it any way you want to. That’s not a good legal argument.”

Election commission member Anthony Long said the drafting error might mean the statute is ineffective but that “it wouldn’t be the first time,” and he doesn’t want to broaden the interpretation of a statute as it’s written. Legislators must be presumed to have known about the differences in the two disciplinary bodies, he and other members said. The commission also encouraged residents to ask their legislators to clarify the statute if they have a concern.

With that unanimous 4-0 vote and dismissal, Judge Scheibenberger stays on the ballot to run for the seat he’s held since 1992. Fort Wayne attorneys Wendy Davis and Lewis Griffin are running against him for the bench.

Ballot battle in Lake County

The commissioners weren’t as agreeable in the judicial candidacy case involving Highland attorney Fine, who was the Republican candidate for the Lake Circuit Court opening that will be created when Judge Lorenzo Arredondo leaves the bench this year.

Merrillville Town Judge George Paras won the Democratic primary in May, but no Republican was on the primary ballot so party chair Kim Krull named Fine to fill that ballot vacancy. But some questioned his candidacy based on the party chair’s ability to name a candidate herself rather than having a party caucus.

Fine’s counsel Jim Ammeen and Cordell Funk wanted the commission to deny the challenge outright because they didn’t believe the state board had jurisdiction to decide the matter.

Michael Back, attorney for Judge Paras, questioned the Republican Party rules and state statute for how Fine was chosen. Back argued that the party should have conducted a caucus to choose a judicial candidate for the general election ballot.

Fine’s attorneys ar-gued that a caucus in the Lake County matter wouldn’t have been required because the Circuit Court covers only one county and the caucus rule extends only to circuits covering more than one county.

The commission members disagreed about whether the political party chair should be able to appoint Fine, though they all agreed that their decision applied only to state or constitutional offices and not county positions. Krull has the ability to appoint those individuals, they all said.

Simmons says he was surprised the party rule was raised as an argument.

“I don’t recall a challenge based on party rules, and I’d say that’s a unique ground to have covered,” he said.

Because the election commission was deadlocked, state election standards specific to the general election deemed that Fine is off the ballot unless a court determines otherwise.


dan dumezich Dumezich

Commission chair Dan Dumezich, a Chicago attorney and former Indiana lawmaker, said he disagreed with keeping Fine off the ballot because he believes Krull had the authority to put him there.

“Now he has to go to court,” Dumezich said.

And that’s happening. Representing Fine on this issue, Indianapolis attorney David Brooks received a copy of the commission meeting transcript and filed an expedited appeal Sept. 10 in Marion Superior Court.

Whatever happens next, Simmons said it needs to materialize quickly because deadlines are approaching this month for when absentee ballots must be printed and delivered.

“That’s just around the corner, and the prospect of ballots being printed without his name on it exists,” he said. “We’re just so close to the election.”•

Update: Marion Superior Judge Michael Keele signed an order Sept. 13 putting judicial prospect William I. Fine back on the Nov. 2 ballot.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT