Register Publications - Thursday edition- April 3, 2008- gives details of a court case that has emerged as an election issue in the Superior Court 1 Judge race.
The title of the editorial piece is "What's More Important- People's Will or the Constitution?
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38 comments:
A well thought out editorial.
Like Witte or not, he was right, Neganagard and the other judge were wrong.
Should Witte ignore the law because applying the law might hurt a few fragile egos?
I'm still not sure what Aaron wanted. Did he just want to spread out the blame for his office's error? What did he expect from Witte to do? Provide some political cover for Aaron's mistake?
There are 4 candidates for Judge. Incumbent, 2 criminal defense attorneys, and a prosecuting attorney. It is concerning that the supposed "neutral" media is in DEFENSE of the incumbent and engaged in name calling of the three challengers.
engaged in name calling
The article was no more name calling than the Indiana Supreme Court was name calling when they held in favor of Witte's position.
Get over yourself.
You made a fatal error.
Learn from your mistakes.
No pity Witte is not an endorsement by a card carrying democrat reporter type.
Did this reporter mention any other matter than that of the particular legal case that of Witte's position that prevailed in the higher court?
Are we soon to be back debating the length of time of Witte being a judge as if that should be enough to send him pack to the private practice curb?
How long is too long to be on the public payroll?
Should Blankenship and Negangard set self-imposed term limits for themselves where they must go back to private practice after a specific period on the public's payroll?
Grow up boys and girls.
You are just lawyers.
Your nothing special in the scheme of things.
No matter how many awards you bestow on each other.
We need more "Tough On Crime" posters with Aaron Negangard front and center on them. That's the ticket to combating crime in Dearborn County. That's ticket all right.
"It is concerning that the supposed "neutral" media is in DEFENSE of the incumbent and engaged in name calling of the three challengers."
Judges in this state are limited in how they can campaign. When you have persons distorting the facts, the judge may not be permitted to respond. The article, which should have been newsworthy earlier, is now surfacing in response to innuendo about Witte. The playing field should be fair for all and if certain people have a grudge and are recruiting candidates out of spite or revenge, the citizens have a right to know that. I for one am glad to see the truth published.
I saw no name calling in regard to any challenger; but, I would be very interested in the motives of a candidate who is running for office to appease someones anger over losing in Court.
The Court must protect the rights of the Citizen, that is why the standard for acquittal is reasonable doubt, not proof of innocence. The laws against illegal search are based in the Constitution and every Judge MUST uphold the rights of the individual.
While it is abhorrent that a criminal get away with a crime, it is more important that a criminal go free than that an innocent man be wrongly convicted! That is our system and more importantly that is the role of the Judge in our system to protect those rights.
Any candidate running for Judge who does not whole heartedly support the rights guaranteed in the Constitution, should not be a Judge. And the people involved in the situation which Witte overruled (correctly according to the Appellate and Supreme Courts) should be suspect as to their ability to perform their official functions.
Here is an opportunity for the other Judge candidates to weigh in with regard to their willingness to uphold the law, even if the particular circumstances are nasty.
If any of the candidates is running for the 'wrong' reason, he (she) should be respectful of the Citizens they are offering to serve and withdraw their candidacy, because they are not suitable to be an impartial Judge in this County or anywhere else. It is not about Witte, it IS about the LAW!!
As citizens, we all should be concerned that the judge we might happen to come before, is willing to apply the law fairly, not based upon who the our lawyer or the prosecutor happens to be.
Aaron needs to grow a pair and move on.
Sorry about the superfluous "the."
It is Friday and the Court House is rather quiet today.
Happy Hour starts for many of us sometimes a little early on Fridays.
Judges should not be "team" players.
Witte needs to do some "mugging" for the camera next time "Grilling With Tim Hendrick" comes to town. That might please at least one publicity seeking media whore local prosecutor!!!
Birds of feather and all of that!!!
First of all, the judge (who I think was Humphrey) and the prosecutor were not at fault for the search being suppressed. There was probable cause found to search the residence. The problem was that the officer from the Indiana State Police forgot to file the search warrant. There was no wrongdoing it was simply a technicality. This article is nothing more than Witte being holier than thou. (which is my most people can't stand him and his arrogance) I am glad that our REPUBLICAN judge has the support of a liberal newspaper. I heard the last Witte re-election was dirty but nothing like the ol' judge getting the crap stirred by writing a column for his girl Erika to put in the paper for him. NOT AN ENDORSEMENT and INVESTIGATIVE COLUMN. WHO are they trying to kid? Good luck to the other three candidates who are running a clean campaign!!!!!
There was probable cause found to search the residence. The problem was that the officer from the Indiana State Police forgot to file the search warrant.
Forgot to file the search warrant.
And law requires what?
To file the search warrant.
Don't like the law?
Change it.
But don't blame a judge for applying the law, which is the absolute responsibility of a judge to do.
Give it a rest.
You set up this county for a very expensive legal suit because you did not dot all the "I's" and cross all the "T's!"
Constitutional Law is taught in Law School for reasons beyond the esoteric!
Get beyond your immediate political ego!
Pot plants.
Oh the humanity.
Certainly worth abrogating the Constitution to protect the community from.
For the record, I have not touched pot for 30 some years.
Miller Lite is now my drug of choice.
Politicians suck.
Politicians with law degrees suck big time.
Always running for student council Negangard had his feelings hurt by Witte applying the law.
Bad Witte.
A life spend wasted is a wasted life.
And how! our local dim-bulb frat boy legal eagles are wasting the citizen/taxpayers' lives and resourses!
Negangard should read "The Peter Principle," because he is there!
Napolean Negangard?
Didn't Witte have a brother named Conway?
Napolean could dance...and support Pedro for office...
...Aaron can do neither...
"Didn't Witte have a brother named Conway?"
You are thinking of Ewbank the "Twit," a long lost and now unused derivative of "Witte!"
"Hello, Darlin'
Nice to see ya
It's been a long time..."
"Napoleon, don't be jealous that I've been chatting online with babes all day. Besides, we both know that I'm training to be a cage fighter."
I am glad that our REPUBLICAN judge has the support of a liberal newspaper
Strict adherence to Constitutional Law is "liberal" how?
Just give it up.
You lost.
A fight anyone would have lost.
Even if they were not as politically power hungry as you and your comrades.
Witte must stand aside as Negangard tries to make a name for himself, no matter how many times he may stumble.
Pride goeth before a fall...
...beware of that first step Aaron.
Witte is awfully proud of himself. What kind of a person brags about almost getting two other jobs? Apparently, Dearborn County is his third choice.
Apparently, Dearborn County is his third choice.
Apparently, small town prosecutor is Negangard's only available choice.
Unless our other local elected lawyers in office do not look toward other avenues for advancement in their legal careers, please withhold your comments.
Show me a local attorney with a lucrative private practice and I will show you a same local attorney not attached at the hip with a taxpayer paid position as a County (fill in the blank) legal whatever.
Witte is awfully proud of himself.
And all our other local shysters are bashful?
"And all our other local shysters are bashful?"
Kind of like Madonna bitching about Britney's sad and self-destructive narcissistic attention grabbing needs.
FREE FRANK!
Now that was awful PERSONAL decision from Witte's prospective.
Frank Hopping?
Dirty campaign, well you have no clue do you? Have you ever thought it strange that the whole prosecutor office and the prosector and the sheriff are behind Jon. Oh boy what are fair system that makes. Dearborn County will get what they vote for and hopefully it won't be for Aaron Jr.!!
Judge Witte has gotten some very nice awards and has worked hard to get them, what's so wrong with that. GOOD LUCK JUDGE WITTE
Dirty Campaign....I have not heard Jon Cleary, Tom Blondell or Barb Wiley smearing Judge Witte. Come to think of it, I really haven't heard from or seen anything of Tom Blondell or Barb Wiley. Where is all of this coming from? Perhaps the person who has the most to lose..the incumbent.
Consider for a minute how Judge Witte was able to get all of these awards? Was it at the county's expense? I saw his website and he's been to Reno, NV something like 15 times...Hawaii..Georgia. When was the last time you went to Hawaii for a conference? Who is paying for all of this? I would think that somebody has to fill in for him. Would that be another expense?
I was reading all the responses and find it hard to believe that this case flew below the paper's radar for years before being brought to their attention...and this is all happening at the same time there is a judge's race. I was talking to an attorney and learned that this is all over a technicality with the definition of "filing". The search warrant was obtained lawfully by Judge Humphrey and the prosecutor, but the search warrant was challenged because of the definition of filing. In reading the Schmidt-Russell column, you learn that this criminal case was filed in Superior Court 1. Judge Witte felt that the definition of filing is with the clerk of courts. Under another Indiana statute, filing can also be when a copy is left with the Judge not necessarily with the Clerk of Courts.
Here is the rest of the story that is omitted from Ms. Schmidt-Russell's column. In reading her column, she makes it clear that Witte's decision was upheld by the Court of Appeals. The rest of the story is that there was another case from another part of Indiana that had this happen..the search warrant was left with the Judge but not filed with the Clerk right away. Guess what, the Court of Appeals said that fiiling was okay since it was left with the Judge! It looks like one of the higher courts has changed its view from Witte.
Guess what, the Court of Appeals said that filing was okay since it was left with the Judge! It looks like one of the higher courts has changed its view from Witte.
Filing with a competent judge, as contrasted to a competent clerk, considering the legal training and experience of a competent judge, is like comparing apples to Big Macs.
An informed and educated judge could still make sure the rights of individuals in question could still be maintained.
A clerk, doing his or her best, is still not trained in the bass-ackwards' machinations of civil and criminal procedural law.
But keep trying to assuage your bruised ego.
How about this?
Our local full of themselves' lawyers, prosecutors and judges, just get over themselves!
Only in their dreams do the rest of us hold them in such high regard as they may imagine!
Let them just do their jobs, then, get the hell out of our way!
It's not the taxpayer paying for his trips, and it's really sad when an individual no matter what his occupation is scorned by SOMEONE because he cares to learn more. There's is alway alot to learn from other around the country!! I would guess you would feel that would be wrong too. Try getting out of town once in awhile!!
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