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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. 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...

  2. 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

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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