« Law - Two interesting law stories from the area, one about auctions, one about discrimination | Main | Ind. Courts - High court puts history on trial »

Sunday, November 06, 2005

Ind. Courts - Lake County judicial election; election vs. retention at the local level

Rich James, Gary Post-Tribune columnist, had a piece Friday titled "Villalpando will survive Cantrell’s onslaught." Judge Jesse Villalpando, James writes, is:

the guy who sits in County Division Room 4 of the Lake Superior Court system.

He has been there since the the court was created in late 2000. The late Gov. Frank O’Bannon appointed him.

With Jesse facing the voters for the first time, [Bob] Cantrell says he’ll do whatever it takes to see that Villalpando goes back to a life of magic tricks or being a lawyer, although some contend there is little difference in the two professions.

Cantrell’s reasons are weak and somewhat ironic. “As a state legislator, he helped get the legislation passed that created that courtroom, then got appointed to the bench and spent more than a year hardly hearing any cases,” Cantrell said.

So, what’s your point, Bob? Aren’t you the guy who thrives on politics? Sure, it was a convenient arrangement for Villalpando, but it worked out in the end. He’s honest and caring — the kind of person you want on the bench.

It is true that Villalpando didn’t have the busiest caseload his first year, but that wasn’t his fault. It takes a while to get a docket up and running.

So what’s really eating at Cantrell? We know it isn’t the size of Villalpando’s caseload five years ago.

Villalpando didn’t mince words in talking about the Cantrell assault. The judge said Cantrell wants him off the bench because he has refused to refer more defendants in his courtroom to the Addiction and Family Services drug center.

Cantrell has worked as a consultant for Addiction and Family Services, meaning he gets a cut of the action when he can pressure someone — such as Villalpando — to provide the clientele.

Villalpando won’t do it, and he’s a better man for it. “He has tried and failed to take control of this court and to corrupt me in the process, so now he wants me out,” Villalpando said.

It’s people like Cantrell who reinforce my contention that judges should be appointed, not elected. That is the case with the bulk of the Lake County judges — those in the civil and criminal divisions.

The appointed judges stand for retention — a yes or no vote. Since the system was instituted in the 1970s, just two judges have lost a retention vote. Criminal Division Judge Andy Giorgi, who should have been retained, wasn’t. Juvenile Division Judge Darlene Wanda Mears, who used her staff as personal servants, was rightly ousted.

Judges shouldn’t have to bow to political pressures in order to keep their jobs. When it comes to that, we no longer will have an honest judiciary.

Quid pro quo is often what lands public officials in court. It shouldn’t be something that determines how long a judge will stay on the bench.

According to the trial court section of the Indiana Court website:
Trial Judges are Elected. In Indiana, the voters elect the judges of most courts every six years, but there are some exceptions.

Lake and St. Joseph Counties (which include the cities of Gary and South Bend)
Candidates for superior court judge are nominated by local nominating commissions, chaired by a Justice of the Indiana Supreme Court or a Judge of the Indiana Court of Appeals.

After nomination, the Governor appoints judges to serve six-year terms.

Thereafter, they run on a “yes-no” retention ballot.

However, Villalpando's court is called "Lake Superior Court, County Division" and is elective. See this Munster (NW Indiana) Times story from 8/20/05, where: "Merrillville attorney Stanley W. Jablonski announced Friday he will challenge Lake Superior Court, County Division, Judge Jesse M. Villalpando."

Posted by Marcia Oddi on November 6, 2005 12:21 PM
Posted to Indiana Courts