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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 sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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