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Candidacy issues in Allen, Lake counties

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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.
 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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