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JP Election Brief: Candidate in contempt of court and a 3-month retirement
The JP Election Brief | |
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| Pulling back the curtain on the drama of judicial elections | |
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| In this issue... | |
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September 18, 2014
| There are some interesting stories surfacing as the November elections draw near! After a man was found in contempt of court, he decided to run for election against the judge who made the ruling. A Louisiana judge who is older than the mandatory retirement age is running for re-election anyway in the hopes that an amendment to toss the mandatory retirement law will pass. In Texas, an unopposed judge's short term retirement will serve as a 3-month vacation before he starts his new term in January. Also, get to know the judges of the Florida Fourth District Court of Appeal who are up for retention this year. | ||
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Louisiana judicial candidate held in contempt for second time
A candidate for the 24th Judicial District in Louisiana has been found in contempt of court for the second time for refusing to submit to a court-ordered drug test.
Juan Labadie, a Democrat, is in a custody dispute with his ex-wife, Lori, over his supervised visitation with their daughters, ages 10 and 11. Because Labadie refused to submit to the drug test, Judge Donald A. Rowan, Jr. found Labadie in contempt, and Labadie is not allowed to have any contact with his daughters. Judge Rowan barred Labadie from seeing his children instead of ordering him to serve jail time.[1]
This is the second time a judge has found Labadie to be in contempt of court. The first judge was Michael P. Mentz. Lori Labadie asked Mentz, and later Rowan, to order the drug test because of what she said was Labadie's irrational behavior in early 2014, including a minor car accident involving one of their children. She also claimed to have found pills in Labadie's home, though she could produce no evidence in court. When Labadie refused to submit to the court-ordered drug test, Mentz found Labadie in contempt and ordered him to spend 30 days on house arrest. It was this event, Labadie said, that lead him to run for election against Mentz in 2014.[2]
Labadie said he is not running against Mentz simply to have him removed from his child custody case or out of spite for Mentz's rulings. Labadie said:
| “ | It has been an accumulated series of actions of the law -- I'm not going to say ignored -- not followed...I finally said this is not right. If I'm going to complain about it, I should put my money where my mouth is.[2][3] | ” |
In the end, Labadie did not spend 30 days on house arrest. The Louisiana Fifth Circuit Court of Appeal reversed Mentz's order because he did not give Labadie sufficient notice before holding the contempt hearing, and Judge Rowan took the case from Mentz after he recused himself.[2][1]
Labadie said he will appeal the second finding of contempt. He said, "There has never been good cause shown...There's only been mud thrown around that has landed on me."[1] Labadie said he would take the drug test, which he claimed was unlawfully ordered by the court, only if he loses the second appeal.[1]
Louisiana judicial district race may hinge on lift of mandatory retirement age
In the race to fill a seat on Louisiana's 9th District Court this November, the outcome may hinge on a pending constitutional amendment to remove the mandatory retirement age.[4]
Harry Randow, who has occupied the Division G seat since 1998, reached the mandatory retirement age of 70 last fall. Though barred by the Louisiana Constitution from serving additional terms, he is seeking re-election anyway—because while the current constitution prohibits his continued service, this year's voters are being given the opportunity to amend the law and remove the mandatory retirement age altogether.[4]
Randow acknowledges that the potential restrictions on his re-election are worth discussing, but he is optimistic that the amendment will pass. Arguing that his experience is an asset and that he is "not ready to go home and take care of the flower beds," he commented:
| “ | I think it benefits the judiciary for that to pass. The option of keeping experienced people on the court is valuable.[3] | ” |
| —Harry Randow | ||
One of Randow's opponents, Charles Gravel, has tried to make the situation clear to voters. Said Gravel:
| “ | The fact remains that we're in a campaign where, as the law stands today, Judge Randow can't serve if elected. It has to be part of the campaign. We want voters to be knowledgeable about every aspect of who they're voting for when they pull that lever.[3] | ” |
Also on the ballot is Greg Beard, who says he prefers to focus his campaign on "who we are and what we can do for the people of Rapides Parish."[4]
Both opponents have expressed respect for Randow, but they each believe they would bring something valuable and unique to the bench.
Gravel, having practiced law for over 30 years in both the civil and criminal arenas, believes he is the "complete package." Beard has practiced civil law for over 20 years, and while he admits his trial experience is limited he believes he has the work ethic to compensate.[4]
Judge's retirement serves as a vacation pending his re-election to the court
| Every Thursday, Judgepedia's State Courts Staff highlights interesting events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs. |
Judge Guy Herman of the Travis County Probate Court in Texas is set to retire from the bench on September 22, 2014. However, since Herman is running unopposed for re-election to the court in November 2014, he is guaranteed another term on the court beginning in January 2015. Herman says he plans to use his 3-month long period of "retirement" to travel, exercise, and brush-up on his Spanish.[5]
Herman acknowledges his retirement situation is unconventional, but says that it will save taxpayers money and allow him to have a vacation unplagued by any judicial responsibilities. While this may be Herman's intent, what is not as clear, is whether or not Herman will start receiving retirement benefits in light of his eventual return to office. Federal tax rules prohibit an employee from receiving retirement benefits if there exists an arrangement or agreement for the employee to be rehired by the same employer. A violation of this rule would result in the return of any disbursed retirement benefits or the possibility of the disqualification of the entire county retirement plan by the IRS.[5]
Herman's attorney, Buck Wood, has stated that running for re-election to the office would most likely not qualify as an agreement between Herman and his employer. He explained there may be some disagreement with the IRS about the retirement system, but that he would be surprised if it became much of an issue.[5]
According to the Texas County and District Retirement System, a "bona fide termination" is required in order for an employee to receive benefits, and a guaranteed return to the bench by an unopposed election race would not qualify as such.[5]
An interim judge will be appointed during Herman's retirement. Herman, who receives a $196,367 annual salary, added that an interim judge would cost tax payers less money than a visiting judge, who would be assigned if Herman chose to take vacation instead of a retirement. A visiting judge is paid $627 a day on top of his salary for reimbursements for hotels, meals, and traveling expenses.[5]
Herman's resignation was unanimously approved by the Travis County Commissioners Court on September 9, 2014. The court also appointed Associate Probate Judge Dan Prashner as his replacement. Pashner's salary will increase from $115,360 to $158,000. Prashner is expected to serve as the interim judge until Herman returns to the bench after his re-election.[5][6]
A look at Florida's Fourth Appellate District
Different states have unique approaches to the judicial selection process. In Florida, appellate judges are appointed by merit selection and subject to retention elections at the end of their six-year terms.[7] In retention elections, voters are presented with a "yes" or "no" choice to retain the judicial candidates. No opposing candidates are presented to voters on the ballot. If a judge fails to be retained by receiving a majority of "no" votes, which rarely occurs, the governor appoints a replacement. As of 2014, the current salary for a Florida appellate judge is $154,140 a year.[8]
On November 4, 2014, voters in Florida's Fourth District will vote on the retention of four judges: Alan O. Forst, Martha Warner, W. Matthew Stevenson, and Mark W. Klingensmith. The Fourth District encompasses Indian River, St. Lucie, Okeechobee, Martin, Palm Beach and Broward counties. The Fourth District Court of Appeal reviews challenged cases from lower courts. In the court, defendants can contest the manner in which their cases were handled, prosecutors can challenge the ruling of a trial court judge and civil litigants can argue a jury's verdict. After a case is decided in the appeals court, any future challenges are presented to the Florida Supreme Court.[8]
Alan O. Forst was appointed to the court on March 7, 2013, by Governor Rick Scott. Prior to his appointment, he served as chairman of the Florida Reemployment Assistance Appeals Commission for 12 years. Forst earned his undergraduate degree from Georgetown University and later received his J.D. from the Catholic University of America. The Florida Bar polled its members on their opinions of the appellate judges up for retention in 2014. 79% of respondents in the poll recommended Forst's retention.[8][9]
Martha Warner received her undergraduate degree from The Colorado College in 1971 and her J.D. from the University of Florida School of Law in 1974. She worked as an attorney in private practice from 1974 until 1985, when she was elected to the Nineteenth Circuit Court. In 1989 she was appointed to the Fourth District Court of Appeal by Governor Bob Martinez, and in 1995 she earned her LL.M. from the University of Virginia. Since her original appointment, she has been retained by voters in 1990, 1996, 2002 and 2008. 93% of the respondents to the Florida Bar's poll recommended Warner for retention.[8][10]
W. Matthew Stevenson graduated from Florida State University in 1975 and received his J.D. from the Florida State College of Law in 1978. He was first appointed to the Fourth District Court of Appeal by Governor Lawton Chiles in 1994, and has since been retained in 1996, 2002 and 2008. Prior to serving on the appellate court, he served as a judge on the Fifteenth Circuit Court from 1990 until 1994. Stevenson received 92% in favor of his retention in the Florida Bar's poll.[8][11]
Mark W. Klingensmith received his undergraduate degree in 1982, and later his J.D. in 1985, from the University of Florida. He was appointed to the Fourth District Court of Appeal by Governor Rick Scott in 2013 and is facing his first bid for retention. Previously, he served as a judge on the Nineteenth Circuit Court from 2011 until 2013. He worked as an attorney with the firm, Sonneborn, Rutter, Cooney & Klingensmith PA from 1986 through 2011 and held various elected positions for the City of Sewall's Point, including a term as mayor from 2010 to 2011. In the Florida Bar poll, 82% of respondents recommended Klingensmith for retention.[8][12]
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Times Picayune, "Jefferson Parish judge candidate Juan Labadie in contempt for refusing drug test," September 11, 2014
- ↑ 2.0 2.1 2.2 Times Picayune, "Judge orders house arrest for lawyer, who then announces he'll run against the judge," August 14, 2014
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 4.3 The Town Talk, "Amendment an issue in 9th Judicial District race," September 12, 2014
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Hispanic Business.com, "Travis Probate Judge Guy Herman retires, knowing he'll be re-elected," September 12, 2014
- ↑ Austin Monitor.com, "Guy Herman to retire as probate judge," September 10, 2014
- ↑ Judgepedia, "Florida judicial elections," accessed September 17, 2014
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 The Sun Sentinel, "Appeals court judges run to keep their jobs," September 16, 2014
- ↑ Judgepedia, "Alan O. Forst," accessed September 17, 2014
- ↑ Judgepedia, "Martha Warner," accessed September 17, 2014
- ↑ Judgepedia, "W. Matthew Stevenson," accessed September 17, 2014
- ↑ Judgepedia, "Mark W. Klingensmith," accessed September 17, 2014
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