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Marion County judicial 'slating fees' subject of 2 inquiries

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An Indianapolis attorney and an Indianapolis Bar Association political action committee want the Indiana Commission on Judicial Qualifications to look into how Marion County judicial candidates contribute to political parties as part of the process in running to be a judge.

The two requests – one made in late December and the other in mid-January – focus on the Marion County selection system and the fees associated with that process, key issues as the county prepares for a majority of the Superior Court bench to be on the ballot this year.

il-paul-ogden04-15col.jpg Attorney Paul Ogden wants slating fees for Marion County judicial candidates prohibited. (IL Photo/ Perry Reichanadter)

The fees are an integral part of the judicial selection system that’s been in place since the mid-1970s.

Marion County is the only Indiana county that uses a unique hybrid method of trial judge selection. The method stems from complete removal of the county’s Republican judges after the Watergate scandal. The Indianapolis legal community worked for three years to craft the system now in place in order to avoid the same turnover.

The result: Republicans and Democrats get the same number of judicial candidate ballot spots. For the 2012 election, each party has 10 spots to fill the 20 available judicial seats in the May primary. The parties hold slating conventions where they endorse those who will appear on the ballot, and each party collects money from candidates to pay for election costs. If someone isn’t slated and decides not to run against the slated candidates, that person receives an 80 percent refund.

The Republicans ask for $12,000 while the Democrats ask for $13,500, according to both party chairmen. The fees are not mandatory and are strictly designed to help cover the costs, the parties contend.

“While Marion County’s slating process is bad for judicial selection, it is even more egregious when coupled with slating fees,” attorney Paul Ogden said. “As judges are desperately out trying to raise money to pay their respective slating fees, we attorneys receive a number of fundraising letters. We feel compelled to contribute, and it’s clear that most of this fundraising activity is designed to cover slating fees.”

Ogden submitted a letter Jan. 11 to the qualifications commission contending that the judicial candidate fees are required “slating fees” that the commission prohibited in a 1992 advisory opinion.

The opinion pointed to the state’s judicial canons that prohibit the parties from requiring slating fees, even though they could ask judges to voluntarily contribute.

In his letter, Ogden cites a letter he received from an attorney on behalf of a judicial candidate that says, “Funds are needed to cover the cost of mailings and general campaign expenses, to say nothing of the required and substantial recommended contribution to the candidate’s political party in order to be considered at the organization’s slating convention …”

Ogden’s letter asks the commission to find that the amounts are prohibited even if they are described as voluntary, and that any slating fees paid for the 2012 election on the Republican or Democratic side be returned.

The political parties deny that they require slating fees.

“Anyone who’d say this is a required slating fee absolutely doesn’t understand our system,” said Marion County Republican Party chair Kyle Walker. “It’s voluntary, and to say otherwise is faulty on its face.”

Marion County Democratic party chair Ed Treacy said that Democrats in the past submitted a report to the state’s highest court about the amounts collected from judicial candidates and the expenses incurred for elections, and no one raised any concern.

“To me, it’s only fair for everyone to equally share in the expenses,” he said. “If someone doesn’t want to pay, they can still run and no one can stop someone from seeking election. In America, you have to carry your own fair share. That’s what our system allows.”

The Indianapolis Bar Association’s Attorneys for an Independent Bench Political Action Committee also wants the commission to weigh in on the slating fees. Former Indiana Supreme Court Justice Theodore Boehm and retired U.S. Magistrate V. Sue Shields, in their roles as co-chairs of the committee, made the request in late December.

The PAC’s work hasn’t fully started yet because of the questions about this fundraising practice, and Boehm also wonders if the IBA should be supporting a system that might conflict with professional conduct rules.

“A fundamental question this raises is should parties be using candidates as fundraising devices?” Boehm said. “This interjects campaign contributions into judicial races, and personally I think we’re better off without it.”

Marion County judges contacted by Indiana Lawyer who are on the bench or running for re-election declined to comment. But those contacted by the newspaper who have gone through the slating process and are no longer serving as a judge say their understanding has always been that the money is a required part of being endorsed by the political party. The question of appropriateness depends on who you ask.

When U.S. Judge William Lawrence ran for Marion Circuit judge in the 1990s, he said that slating fees were required and the legal community thought of them that way. That changed after the 1992 advisory opinion, but he said candidates were still expected to contribute. He left the state bench to become a federal magistrate a decade ago.

“This issue has been smoldering for years,” Lawrence said. “These fees are cash cows for the political parties, and they’ve been what’s standing in the way of changing the judicial selection process in Marion County.”

Former Marion Superior Judge Gary Miller, who was not slated in 2008 along with two other longtime judges, always had the understanding that the slating fees were required. Often, the slating comes down to those who are politically connected, not necessarily best qualified, he said. In his years of paying a fee, Miller said it equated to about $13,000.

“I’m torn, as a party loyalist who thinks there is a legitimate reason to ask candidates to contribute to these costs,” he said. “But I think it’s a bit unfair to use judicial candidates to raise substantial amounts for other candidates, which is what happens.”

Miller hopes the system eventually changes.

“At some point, we’re going to convince the parties that judges are different and shouldn’t be on the same type of slating and used as fundraising mechanisms,” he said. “We’ll convince them that we’re different than other elected officials. But we’re not there yet.”•
 

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  • judicial slating fees
    Yup, in Marion County we surely do have the best justice money can buy.
  • Slating Fees
    If Republican slating fees are $12,000 they've been lowered. They as of very recently was $25,000.

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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