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Judicial candidates lose elections

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Indiana Lawyer Rehearing

Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.

In Allen County, incumbent Superior Judge Kenneth Scheibenberger lost the election for the seat he’s held for 19 years. He was defeated by attorney Wendy Davis. Opponents had tried to get the judge removed from the ballot in September on the grounds that he’d previously been disciplined by the Indiana Supreme Court, but the Indiana Election Commission refused to remove him based on language of state statute – finding that it only applied to attorney judicial prospects, not incumbent judges.

Meanwhile in Lake County, Highland attorney William I. Fine lost his bid for the Circuit bench to succeed retiring Judge Lorenzo Arredondo. The Republican candidate lost to Democratic challenger George C. Paras, who had been the only person on the ballot following the primary election in May. No Republicans ran in the primary and Paras was the sole name on the ballot until the county’s Republican Party chair appointed Fine as the candidate. But a Lake County town official challenged that appointment, saying the chair should have held a caucus and chosen someone that way party rules dictate.

The state election commission split on whether that was permissible, and as a result Fine was removed from the ballot. But Marion Superior Judge Michael Keele overturned that commission decision and put him back on the ballot in September. The Indiana Supreme Court refused to take the case before the Court of Appeals had a chance to rule on it, and the lower appellate court declined to speed up its review of the case before the election.

Though the election is now over and Fine’s candidacy is effectively moot, Crown Point attorney Michael Back who represents the challenger Michael Lambert said it may continue because the issue is broader than Fine’s election loss and goes to whether the party chair is allowed to appoint a judicial candidate rather than holding a caucus.

Rehearing "Candidacy issues in Allen, Lake counties" IL Sept. 15-28, 2010

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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