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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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