ILNews

Hebenstreit: Judicial Elections Just Around the Corner

Back to TopCommentsE-mailPrintBookmark and Share

IBA-hebenstreitI know, the elections are over and everyone wants to get back to normal life again … but the process is beginning again.

One of the bedrocks of a solid democracy is the ability of citizens to air their differences before a fair and impartial judiciary. In Marion County, we have been blessed with a solid group of judges which we certainly hope will continue. The judges in Marion County are elected in the General Elections to serve a term of 6 years. There are 2 groups of judges who are elected in differing years. The next group will be up for election next November when we all go to the polls to vote for President and Governor, but the real decisions will be made long before that. In fact, the judicial candidates have been making the political rounds for some time already.

Under the current system, there will likely be 10 judicial candidates from each major political party on the November ballot. Typically, all 20 will be elected as it is unusual to see third party candidates run, let alone win. Thus, the true contest occurs at the slating conventions and in the Primary election. Each party holds a slating convention in February and recommends the 10 candidates that party hopes will be on the November ballot. Other candidates may participate in the Primary election in May 2012, and the 10 who have the highest number of votes of each party will be on the ballot for the General election.

The debate continues about whether it is better to have the general electorate choose judges or have some other process. In smaller counties, it is not uncommon for the citizens to actually know the judicial candidates and be able to express their personal opinion at the polls. That is dramatically different in Marion County. By and large, most voters have no idea about the qualifications of the judicial candidates and many lawyers who are not litigators probably do not know either. That is the reason for JEPAC.

Who better to determine the qualifications of the judiciary than the attorneys who practice in front of those judges on a daily basis? The stated purpose for JEPAC is “to conduct and publicize non-partisan evaluations of Marion County judicial candidates to promote the fair and effective selection of qualified judicial candidates in Marion County.” Over the years, the process has undergone many changes.

In the past, the members of JEPAC have individually interviewed the candidates and made recommendations. In the most recent judicial elections, with the assistance of a Wabash College professor, the Board of JEPAC created a written survey. That survey is then submitted to all attorneys who have entered an appearance in the Marion County Clerk’s office within the last three years for response. It reaches in excess of 8,000 attorneys, and requests that the responding attorneys only evaluate the candidates with whom they have had personal contact or knowledge. The survey is quite comprehensive and covers a number of criteria for evaluating the competence, demeanor and professionalism of the candidates. After tabulation, the results are published to assist the general public make an informed decision when at the polls.

This year, the work of JEPAC will be accelerated. Since the selection of candidates takes place at the respective party’s slating conventions (usually held in February), the results will be ready prior to those conventions. According to the Resolution creating JEPAC, members of the PAC are selected by the President of the IndyBar. Since a good bit of the work of the PAC will be accomplished during Scott Chinn’s term of office, he and I each had input in the selection of the members. Past President of the IndyBar, Joe Russell, and Past President of the IBF, Lante Earnest, have agreed to co-lead the PAC as the Chair and Treasurer respectively. There is an even presence of Republican, Democrat and Independent representation on the Board. Under their leadership, the 2011-2012 evaluations will be determined and published.

As with any human endeavor, there is room for conflict and disagreement. Nevertheless, JEPAC has proven to be an effective method of evaluating the judicial candidates who will be elected by the citizens of Marion County. If you receive one of the evaluations, please take the time to respond in a fair and thoughtful manner. Our clients and the citizens of Marion County deserve to continue to have a competent and professional judiciary to resolve their disputes.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT