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Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.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

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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