Challenger calls for judge's race recount
Incumbent's win by 11 votes secured by absentee ballots
NWI Times
May 9, 2003
nwitimes.com/news/local/challenger-calls-for-judge-s-race-recount/article_45fc6219-146f-5e0d-8266-06496f1e3f69.html
SCHERERVILLE -- Attorney Kenneth Anderson announced Thursday he will seek a recount in the Democratic primary election for Schererville Town Court judge.
Eleven votes were all that separated him from the No. 1 vote-getter, incumbent Judge Deborah Riga, when all the ballots were tallied Tuesday night.
Anderson actually garnered more votes at the polls Tuesday, but the number of votes from absentee ballots gave Riga an 11-vote edge.
Anderson said he believes that absentee votes should reflect the way people voted at the polls, but that wasn't how the race turned out.
Anderson had 80 more votes at the polls, but Riga had three times as many absentee votes.
"I think democracy is important and that the process should be followed to its completion," Anderson said. "And I will follow it to the end."
The campaign came with several side issues.
An attorney working for Anderson's campaign sued Riga for access to records regarding traffic tickets handled through Riga's court.
A Lake County judge ordered Riga to turn over records May 2 that Frank R. Martinez III, a Highland lawyer and campaign official for Anderson, said may be evidence of the illegal redirection of thousands of dollars in state and county court revenues to Schererville's town coffers.
Judge John Pera ordered Riga to make available copies of traffic tickets that may have been improperly reclassified by her from state to local infractions which, in turn, would divert the money to the town from the state.
Candidates Randy Godshalk and Ben Murphy were both stopped by police for alleged drunken driving.
Godshalk was stopped Jan. 28, but the Lake County prosecutor's office dismissed a misdemeanor count against Godshalk on April 22 after a judge ruled the evidence against him was too unreliable to be used in a trial.
Murphy was stopped April 22 for speeding. Police alleged Murphy smelled of alcohol, had watery eyes, was unsteady and failed a field sobriety test. A breath test indicated Murphy had a blood-alcohol concentration of 0.14, which is more than the legal limit, the affidavit said. He has not been arraigned. No court date is set in the matter.
Incumbents hold fast in Schererville races
Town Court Judge, Town Councilmen to appear on November election tickets
NWI Times
May 7, 2003
nwitimes.com/news/local/incumbents-hold-fast-in-schererville-races/article_5af921c7-0de3-55ac-9aa7-347ab6f2faf2.html
SCHERERVILLE - Incumbent Deborah Riga squeaked by attorney Kenneth Anderson by 11 votes in the Democratic primary race for Schererville Town Court Judge Tuesday, while incumbent Town Councilmen Steve Kil, D-1st, and Michael Troxell, D-5th, each won their respective primary races.
Because Riga's win came down to counting absentee ballots, Anderson said he was "not conceding," and was considering challenging the election results.
Riga could not be reached for comment late Tuesday.
In November, Kil will face Republican precinct committeewoman Karen Aldridge, who won her primary race against challenger Michael Fieldhouse, while Troxell will square off against Republican Perry Ferrini, who was unopposed in his primary race. No Republicans filed for the race for Town Court Judge.
Kil attributed his victory over former Town Councilman Robert Phares and political newcomer Joe Nauracy to "a total group effort" by his supporters.
"People were very happy with what's going on (in the town) and would like to see it continue," Kil said.
Aldridge, a 30-year-resident of the town, said she "looks forward to the campaign" in her race against Kil.
Troxell, whose win over Fire Commissioner Joseph Hillier and volunteer firefighter Jeff Bridegroom was closer, said his campaign for the November election "starts today," with a focus on bolstering the parks and recreation programs in Schererville, while "remaining conscious of taxes."
Troxell and Ferrini ran against each other for the ward 5 Town Council position four years ago, with Troxell winning by 240 votes.
Town Councilman Rob Guetzloff, D-3rd, and Republican David Hoekstra, both unopposed in their respective primary races, will face off in November, as will incumbent Democrat Clerk-Treasurer Janice Malinowski and Republican Eleftheria (Liberty) Bakas.
Judge orders ticket information released
Court's lawyer says Schererville town judge will comply
NWI Times
May 03, 2003
nwitimes.com/news/state-and-regional/judge-orders-ticket-information-released/article_33635052-a38c-56fa-b0f6-35bd7122dc08.html
CROWN POINT -- A Lake Superior Court judge on Friday ordered the Schererville town judge to turn over records that a political opponent says may be evidence of the illegal redirection of thousands of dollars in state and county court revenues to Schererville's town coffers.
Judge John Pera ordered Judge Deborah Riga to make available copies of traffic tickets that may have been improperly reclassified by Riga from state to local infractions which, in turn, would divert the money to the town from the state.
The Indiana State Board of Accounts conducted a routine audit of the Town Court's financial books for the years 2000 and 2001 and issued a report in December taking the judge to task for reclassifying eight traffic tickets Schererville police issued.
The drivers originally were charged with state infractions, which would require all court fines and fees to be split among state, county and local government treasuries. Riga reclassified them as violations of town ordinances and all the money paid by the drivers stayed home in Schererville's bank accounts.
The State Board of Accounts demanded the court return $950 for those eight tickets.
Frank R. Martinez III, a Highland attorney and campaign official for one of Riga's political opponents, sued Riga to obtain court records he believes may prove his case.
Riga's attorney, T. Edward Page, said Martinez was welcome to the documents all along and that any belief to the contrary was due to "a failure to communicate."
"The court is open on Monday, and I will call attorney Martinez over the weekend and let him know he is welcome to examine whatever records he wishes," Page said. "This was more a failure to communicate than a desire not to provide the documents requested."
If Martinez gets the tickets on Monday, he will have little time to examine them to determine if Riga's problem is widespread, as the primary election is Tuesday.
She is running for re-election in the May 6 Democratic primary and is opposed by attorneys Randy A. Godshalk, Benjamin W. Murphy and Kenneth L. Anderson. Martinez is Anderson's campaign treasurer.
Although he was pleased that he prevailed Friday, Martinez said he is "very disappointed in that I made these requests on Feb. 14 and again on Feb. 27, and here it is in May, and I have to go to court to order public records be released from a judge."
Page said it was not that Riga did not want to release the records, it was that the tickets could not be found.
"We don't know whether or not they are there. They may have been moved as part of the State Board of Accounts audit of tickets. We have been unable to locate the tickets," Page said.
He said the court has been able to reassemble copies of the tickets requested by Martinez through duplicate copies kept by Schererville police.
"I am told they have been obtained and will be available for inspection," Page said.
Even though the State Board of Accounts audit turned up only the eight tickets, Martinez said he has spoken with former Town Court employees who say "there are many, many more such tickets."
