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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. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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