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Hebenstreit: Judicial Elections Just Around the Corner

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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.•

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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