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Panel: 1 judge remains, another off ballot

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The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.

At a four-hour meeting Thursday afternoon in Indianapolis, the four-member election commission took sweeping action that influences the upcoming Nov. 2 general election. One decision translates into a determination that incumbent judges aren’t held to the same standards as attorneys who might run for the bench, while the other paves the way for a likely court case on who can be in the race to replace the longtime Lake Circuit judge.

The two agenda items included judicial candidacy questions involving Allen Superior Judge Ken Scheibenberger and Lake Circuit judicial prospect William I. Fine.

A group of 12 residents argued Judge Scheibenberger should be removed from the ballot because he’s been disciplined by the Indiana Supreme Court, via the Judicial Qualifications Commission, and that makes him ineligible for the ballot. The Supreme Court last year suspended the longtime judge for three days without pay because of his conduct in late 2007, when he went into another judge’s courtroom wearing his robe for a sentencing hearing and verbally accosted the family of a defendant he suspected had been connected to his son’s drug-related death a year before. The justices determined his behavior was that of a grieving parent.

Opponents wanting the judge removed from the ballot used that history and IC 33-33-2-10(3), which states that judicial candidates may not have had “any disciplinary sanction imposed …by the supreme court disciplinary commission of Indiana or any similar body in another state.” They argued it applies to judges, while Judge Scheibenberger and his legal team contended that it’s a term of art not applicable to incumbent judges.

Jeff Arnold, a lawyer speaking on behalf of the challengers, said the statute used the disciplinary commission as a general term since it wasn’t capitalized and should also be read to encompass the judicial qualifications commission. He noted that if the commission reads that law closely, it technically does nothing at all because only the Supreme Court can sanction attorneys and judges.

But the judge’s attorney Robert Thompson said that phrase was a term of art and that the General Assembly knew exactly what it was doing to specifically craft a statute that draws a distinction between disciplined attorneys and judges. He said that wording was crafted because the Indiana Constitution specifically outlined the powers of the Judicial Qualifications Commission, and this statute wasn’t meant to usurp that higher authority.

“If they meant to include sitting judges, they would have included a sanction initiated by the Judicial Qualifications Commission,” he said. “You can’t construe it any way you want to. That’s not a good legal argument.”

Election commission member Anthony Long said the drafting error might mean the statute is ineffective but that “it wouldn’t be the first time,” and he doesn’t want to broaden the interpretation of a statute as it’s written. Other members echoed his concerns, and they encouraged residents to ask their legislators to clarify the statute if they have a concern.

With that unanimous 4-0 vote and dismissal, Judge Scheibenberger stays on the ballot to run for the seat he’s held since 1992. Fort Wayne attorneys Wendy Davis and Lewis Griffin are running against him for the judgeship.

But commissioners weren’t as agreeable in the other judicial candidacy case involving Highland attorney Fine, who is the Republican candidate for the Lake Circuit opening once Judge Lorenzo Arredondo leaves the bench later this year. Merrillville Town Judge George Paras won the Democratic primary in May and no Republican was on the primary ballot, so party chair Kim Krull named Fine to fill that ballot vacancy to run against Judge Paras. But some questioned his candidacy based on whether the party chair has the ability to name a candidate herself rather than the party doing so at a caucus.

Fine’s counsel wanted the commission to deny the challenge outright because they didn't believe the state board had jurisdiction to decide the matter, while the other side questioned the Republican Party rules and state statute allowing that practice. Fine’s attorney argued that a caucus in the Lake County matter wouldn't have been required because the Circuit Court covers only one county, and the caucus rule only extends to circuits covering more than one county.

Commission chair Dan Dumezich, a Chicago attorney and former Indiana lawmaker, said he disagreed with keeping Fine off the ballot because he believes Krull had the authority to put him there.

"Now he has to go to court," Dumezich said.
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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