Elected judges proposal for St. Joseph County heard Save Email Print
90-other counties already elect
Posted: 9:09 PM Oct 3, 2008
 Last Updated: 5:10 PM Oct 10, 2008
 Reporter: Mark Peterson
Email Address: mpeterson@wndu.com
16 comments
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A proposal to let St. Joseph County residents elect their Superior Court judges is pending before a state panel in Indianapolis.

The Indiana Commission on Courts today took some two hours of testimony on the measure.

Since 1973, judges in St. Joseph County have been appointed by the governor, and some wonder why.

Residents in 90-other Indiana counties still elect their judges.

“The main thing some constituents in my district want to have come is accountability,” said the sponsor of the measure, Ind. Rep. Ryan Dvorak, (D) South Bend. “Whether or not the judge is performing their job adequately right now, the decision is left up to the governor to make the appointment, and the constituents, the voters of St. Joseph County don’t have the say in the process like everyone else in the State of Indiana does.”

The mother of a slain South Bend police officer spoke in favor of a change to elected judges. Kathy Karczewski asked if the merit system was so good, why weren’t other Indiana counties fighting to switch to the merit system. Karczewski is the mother of slain officer Scott Severns.

An overwhelming majority of the speakers heard today spoke in favor of keeping the so-called merit system of appointing judges. “I think the bottom line is our merit selection system in St. Joseph County has worked extremely well for the citizens of the county for over 32-years, and I have never heard a good reason to change it,” said St. Joseph Superior Court Judge Michael Scopelitis

The commission did not vote on the recommendation today. That will happen at a future meeting, possibly as early as next week.

The commission is an advisory panel that makes recommendations to the Indiana General Assembly.
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Posted by: Truth Location: Valparaiso on Oct 19, 2008 at 07:22 PM
Retention promotes independence. That's a good thing UNLESS the "independent" judge doesn't share your opinion about criminal sentencing. If the judge has a liberal view about "treatment" over incarceration, then you end up with a high crime rate. Now, let's look at St. Joe county. I think it is safe to say that you all have a high crime rate. Who else has the retention system? Oh, that would be Lake County. On the other hand, elected judges have the influence of campaign contributions and the pressure of public opinion. What is public opinion? That would be that criminals should be incarcerated so that the rest of us might enjoy our freedoms without being placed at continual risk of random rape, robberies, burglaries, etc. Now, would it be so bad if the public could elect those judges who share the opinion that habitual offenders should be locked up a long time? I guarantee that will NEVER happen with the retention system, unless each judge is up for retention EVERY YEAR.
Posted by: Anon Location: South Bend on Oct 6, 2008 at 01:31 PM
There are 8 Superior Court judges and you only hear occasional complaints about 1 or 2 of the judges in the criminal division. If there is a probem with a particular judge, voters have the ability to vote the judge out on the retention ballot. Five of the largest Indiana counties use a system other than partisan election to select judges, and most states use the merit selection system to pick all or some of their judges. Doesn't sound like a there is a problem with the merit selection system.
Posted by: JAK Location: South Bend on Oct 5, 2008 at 03:47 PM
My opinion is that ALL judges ought to be elected. Unfortunately, I do not think that the average citizen knows enough about these men AND women to vote for them either way..
Posted by: Mark Location: south bend on Oct 4, 2008 at 07:21 PM
You can vote the judges out. Every six years they come up for a retention vote on the ballot. You have a choice to vote yes or no to keep them. 75% of the votes are to retain them, so most voters must be happy with the judges. If not, then get people to the polls and vote no on the retention question. Elected judges in St. Joe county will only lead to one party's influence in the criminal justice system. Go vote no on the retention vote. If the majority of the people want them out, it sure doesn't appear that way when the retention vote is overwhelmingly in favor of keeping them. Just vote no. You can do it. Just vote no. Just vote no. Just vote no.
Posted by: mike Location: south bend on Oct 4, 2008 at 03:41 PM
When judges become accountable to popular opinion or political pressure rather than the rule of law, then judges lose sight of their unique charge to uphold the law even at times when it might be unpopular. Unpopular decisions take many forms. In almost all civil cases judges must rule in favor of one side or the other, which means that roughly 50% of the litigants, their friends and family will, understandably, be unhappy with the judge’s decision. In criminal cases the legislature not judges set the sentencing range for each type of crime within which judges must use their discretion in sentencing each convicted citizens.. There will always be some citizens who will be upset with certain sentences either because they think they were too harsh or too lenient. A judge that checks which way the winds of opinion are blowing before making a decision in a civil case or before sentencing in a criminal case violates the law and judicial ethics.
Posted by: Bear Location: Mishawaka on Oct 4, 2008 at 02:26 PM
Just keep the current system and put the rest of the state on the same system and in about 10 years all they will have here is the crooks and no buisnessess because they will not want to be in a state that only has no rules
Posted by: mike Location: south bend on Oct 4, 2008 at 02:02 PM
You think you want judges to be elected? When they are, lawyers, political parties and special interest groups both liberal and conservative pour money and their influence into election and reelection campaigns. They don't want fair, impartial and independent judges. They want judges who will tend to rule in their favor. Do you or your friends and family want to go to court and wonder if your attorney or your opponent or his or her attorney contributed money to your judge's election and if so how much? Studies done in 6 states including Ohio and Pennsylvania established that a higher percentage of victories were won by the side that gave money or more money then the other side.Its special interest groups and some politicians that provide you with misinformation so that you want judges to be elected. Why do they do that? For their own selfish purposes. They want to control judges and their decisions. For your own sake keep your judges free form these influences. Merit selection works.
Posted by: LB Location: Granger on Oct 4, 2008 at 01:56 PM
If you feel this strongly about electing our judges, send this message this Fall when you are voting. Vote No to all the judges that are up for retention. Contact your representatives - let them know how you feel. This is why we elected them. To listen to us and to fight for us. This is only way for us to be heard. We deserve to have the right to elect our judges - not to leave it up to the governor to decide. After all, does he or she live in St. Joseph County?
Posted by: JIM Location: SB on Oct 4, 2008 at 12:15 PM
its about time!!
Posted by: PD Location: SB on Oct 4, 2008 at 11:40 AM
St. Joe and Lake County are the only two with appointed Judges. Arguably the two worst crime ridden Counties in the State. It's the repeat Offenders over and over and over. If they were locked up they would not be victimizing the working citizens of these Counties. The Judicial system in both Counties needs a Enima. There is maybe 1 or 2 Judges in St. Joe that could stay. That is being kind. It works in 90 Counties but not 2, I don't think so. Elect our Judges, if they don't do the job they go bye bye.
Posted by: Dave Location: Mishawaka on Oct 4, 2008 at 11:29 AM
Yes! We need Elected Judges! As tax payers we pay their wages we should have a say on who we want on the Bench!
Posted by: Mike Location: South Bend on Oct 4, 2008 at 10:23 AM
Yes, we want elected judges.
Posted by: bill Location: south bend on Oct 4, 2008 at 09:49 AM
Start putting these idiots away Judge Chamblee regardless of race and you may save your seat on the bench!
Posted by: Anonymous on Oct 4, 2008 at 08:06 AM
Elected judges are best for the taxpayers!
Posted by: shoppy Location: osceola on Oct 4, 2008 at 05:59 AM
The merit system clearly DOES NOT WORK!! The merit system is a good ole boy network system. If the people elected the judges you can be sure once accountabity to the people was in place a lot of judges will be looking for new jobs. People are fed up with crime, repeat offenders, the criminals back on the street before the ink is dry.
Posted by: Annon Location: South Bend on Oct 3, 2008 at 10:30 PM
The system is not working. We need elected judges. Part of the process of the merit system is the Bar Association to evaluate the judges. When was the last time this happened? WNDU look into that. I know they plan to do that this year, gee I wonder if it has anything to do with Rep. Dvorak pushing the issue....me thinks so.
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