Vol. 139 No.43

Wednesday,November 5, 2006

Judicial candidates speak at county forum

By JOSHUA COFFMAN
Landmark News Service
and
LAURA HAGAN
lhagan@owentonnewsherald.com

Before the candidates judge on future court cases, Owen County voters will first get the chance to judge them on Election Day.
Four contested judicial races will appear on ballots throughout Owen County, from the district level all the way to the Kentucky Supreme Court. And dozens of potential voters turned out at a forum Thursday night at Owen County High School to hear what the candidates had to say.
Those running for seats on various benches often fielded questions about experience and their views on judicial impartiality throughout the night.
Selected statements from the four contested judicial races on which Owen Countians will help decide the outcomes appear below.
Kentucky Supreme Court, 5th District
Wil Schroder and Marcus Carey both fielded questions Thursday night about restoring public trust to the state’s highest court.
Carey compared the role of the Kentucky Supreme Court to the role of the fiscal court at the county level, saying it takes a managerial role over the judicial branch of government in the commonwealth.
He said, if elected, he would look at the concerns the public has now and look at the rules and procedures of the court to make the system more efficient.
“I don’t think credibility is as big an issue as my opponent,” Schroder said.
But he said some things could be improved in the court, such as keeping partisan politics out “so we don’t get an agenda.”
“Interpret the law, don’t make it,” he said.
Both discussed the role of a Supreme Court Justice at the state level, but they did so by answering different questions.
“Literally. That’s it, literally,” Carey responded when asked how a judge should interpret the Constitution. “It is what it is— a written document.”
Schroder fielded a question about how a judge can ensure objective decision-making.
“One way of doing that is to make sure you’re non-partisan,” he said. “I don’t think any citizen should have to decide if a judge is Republican or Democrat.”
In closing statements, Schroder said he was better qualified and talked about his eight years’ experience as a District Judge and 15 years on the appellate level.
“This is a Supreme Court job,” he said. “You want somebody who has experience.”
Carey said his opponent was running “to shape the law from the bench.” He said he would bring his life experiences to the bench.
“I’m not an unprincipled Justice,” he said.
Appellate Court, 6th District, 1st Division
The first race that voters heard from during Thursday’s forum was a bit one-sided.
One of the candidates, James Kidney, did not speak at the forum.
He had called beforehand and said he was awaiting a jury decision in a trial, forum moderator Patti Clark told the audience.
His opponent, Joy Moore, answered questions about speedily resolving appeals cases, equal justice and judicial impartiality, which she said was the most important issue in the race.
“Judges should be impartial referees and should apply law to the facts of the case,” she said, later adding that her judicial philosophy is “very much in line with the separation of powers our nation was founded on.”
Appellate Court, 6th District, 2nd Division
Michelle Keller and Owen Kennedy both answered questions about the importance of being impartial on the bench and discussed the importance of a fast-moving appeals process.
Kennedy said a judge must remain impartial and answer to the rule of law, which he said he is a firm believer in following.
“When you realize and understand you answer to a higher authority you cannot be influenced by other people or groups,” he said.
Keller answered a question about a judge’s impartiality in contrast to community groups to which he or she may belong.
“It is the role of a judge to put all personal bias and prejudice aside,” she said. “The best judge can judge against their beliefs”
Keller said she feels the most important issue facing the person elected in the race is keeping the appeals process moving swiftly.
She said the current appellate judges have done well at speeding up the appeals process.
“And that’s very good for parties, because they get their answer quicker,” she said, adding that she wants to keep the process moving in a timely manner and provide equal access to justice for all, including people who can’t afford a private attorney.
Kennedy said he believes he is best qualified for the position since he’s worked in the appellate system for eight years. “I can do that quickly,” he said. “And I think that’s important.”
“We need justice to move quickly,” he said. “Justice delayed is justice denied.”
Keller said she would promote equal justice from the bench.
“Every citizen has the opportunity to be heard,” she said.
Kennedy was asked how he thinks a judge should interpret the Constitution.
He replied that it “must be strictly construed” and that he disagrees with those who say it’s a living document.
“Rule of law means you follow the written law,” he said. “The words of the Constitution have meaning, it is a legal document, not a living document. Words of our founders have meaning and should be followed.”
Keller told the audience of her experience practicing as a nurse before and during law school.
“I will bring my personal work experience and family values to the bench,” she said.
Kennedy defended his experience when asked about a Bar Association survey in which 115 of 191 respondents said they had no opinion or felt he was unqualified for the appellate position.
He said less than 20 percent of Bar members responded and that it was a secret ballot.
“We don’t know who votes,” he said, noting that membership is voluntary and that he is not a member.
Kennedy noted that he spent the past eight years doing appellate work.
“I’m not a trial attorney,” he said
District Court, 10th District, 1st Division
Questions asked of the two candidates hoping to become the next trial judge in the 10th District centered on the candidates’ experience and decision-making.
John Threlkeld and Elizabeth Chandler Lester both talked about what experience means, or doesn’t mean, for the bench.
When asked what he brought to the table that his opponent did not, Threlkeld said he has 15 years’ experience in federal courtrooms and that he has tried cases in other states.
He said the experience allows him to listen to what people say and gets the facts. And it gives him an “ability to look up the law, an ability to find the law.”
Lester took a different stance.
“It’s not a matter of who has the most experience becomes a judge,” she said.
She noted that she has gained a different sort of experience working as a prosecutor. And she said Charlie Satterwhite had even less experience when he was first elected in 1978.
“But voters gave him a chance,” she said. “He did very well for the next 20 years.”
Threlkeld said he wants to bring common courtesy back to the courtroom.
“It seems to be lacking in a lot of courtrooms,” he said when asked if the judicial system is lacking dignity and respect. Threlkeld said “please” and “thank you” are often forgotten in many courtrooms.
“People need to be talked to more nicely,” he said. “Not everybody in a courtroom is a criminal.”
Lester took a similar stance, saying whether a speeding ticket, DUI or other crime, the court affects the whole community.
“Everybody comes into a District Court at some point in their lives,” she said. “We’re ordinary people, and District Court is the court of ordinary people.”
Lester said in her closing statement that she wanted to address issues she referred to as “gossip, rumors and lies.”
She said for anyone who heard negative things about her to contact her.
“Anybody is welcome to try and get a hold of me,” she said.
Lester said she supports the Second Amendment and her experience is “beyond sufficient.”
In his closing statements, Threlkeld said the person voters choose to elect should be based on knowledge of the law and experience “not cliques.”
He spoke of his additional experience outside of the courtroom, working for 27 years as an emergency medical technician and fireman.
“I … know mistakes are made,” he said of what he’s learned from life. “I also know that good things happen.”


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