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Former Clark Drug Court judge among incumbents who lost in primary

IL Staff
May 7, 2014
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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. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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