Court opens for S'ville's new judge
Contested election, court shutdown in the past for Kenneth Anderson
Post-Tribune (IN)
March 29, 2004
An attorney stepped to the Schererville Town Court podium to make a statement for his client.
"It's a pleasure to see you," Judge Kenneth Anderson said.
"The pleasure is mine," the attorney replied. "It's nice to see you where you are."
That brief exchange underlined a change in Anderson's -- and the court's -- life.
Anderson, who lives in Schererville and has a law office in Highland, took office this year as Schererville's new town judge.
It's a part-time job, but getting there required an unusually difficult process.
It started early last year with a tough campaign against incumbent Judge Deborah Riga, then a disputed result in the Democratic primary election.
Riga was declared the winner after absentee ballots were counted, but Anderson challenged the result. After hearing evidence, Lake Superior Court Judge Mary Beth Bonaventura threw out 22 absentee ballots she determined were fraudulent, making Anderson the winner by 11 votes.
This year, a Schererville man was charged with voter fraud in that election.
And in January, as Anderson prepared to start his term as judge, federal and state authorities investigating his predecessor seized the court's records, and the court was closed for two months.
None of that turmoil was evident last week, though, as Anderson conducted court in the new town court facility.
The town court's jurisdiction is limited to minor crimes -- misdemeanors, infractions and ordinance violations -- from Schererville. It has afternoon and evening sessions on Tuesdays; the court also hears from defendants who have been jailed for drunken driving and similar offenses.
Citizens can contest traffic tickets without hiring an attorney, if they want.
"All I want to say is, I did have my seat belt on," a woman who had been cited for a seat-belt violation, told the judge.
After hearing a police officer describe the traffic stop that led to the citation, Anderson told the woman gently that "the preponderance of the evidence" showed she was liable for the $25 fine.
The woman walked away without expression.
For offenses that could end in jail time, Anderson made sure defendants had attorneys. He appointed attorneys when they did not have their own.
And whenever an attorney presented a plea agreement negotiated with the prosecutor, Anderson told the defendant, "Your attorney has done a wonderful job for you."
But when one attorney asked to put off hearings on several cases, Anderson showed a rare trace of annoyance.
"We've had a substantial number of continuances -- 10 for a seat-belt violation," Anderson said.
The attorney walked up to the judge's dais and whispered to Anderson.
"Are you telling me," Anderson said out loud, "that the next time we see you in court, we'll get some of these resolved?"
The attorney nodded.
Mastering the town court routine wasn't difficult, Anderson said earlier, because he's been practicing law more than 25 years.
But the transition was more difficult than expected because the court was closed for two months. It could take about two more months, Anderson said, to clear up the backlog of cases.
Anderson also picked Campagna Counseling Center, of Schererville, to evaluate defendants found guilty of alcohol-related offenses; Riga had used Addiction and Family Care of Hammond.
Picking a local agency for that service was one of his campaign promises, Anderson said.
"If there is a profit to be made from these programs," he said, "it will go to the local institution and the community."
Anderson is not sure yet, however, whether he will be able to start a small-claims civil court. Citizens would benefit from having a local court to hear non-criminal disputes. Anderson said he does not know yet if the cost justifies opening that court.
But would Anderson, an experienced lawyer, take on the challenge of running a town court?
Asked that question, Anderson turned around and gazed at the Abraham Lincoln portrait on his office wall.
"I look at this man here. He inspires me," said Anderson, a serious Lincoln student for more than 20 years. "We have a duty to give back."
Attorney Michael Katz, who has known Anderson since both began practicing law, said he is confident of Anderson's ability to handle the challenges.
"Considering the cloud that court has been under," Katz added, "it's just great that someone of his caliber is there."
Caption: Schererville Town Court Judge Kenneth Anderson in his office. He took office this year after a Democratic primary election challenge.(PHOTO) (LISA SCHREIBER/POST-TRIBUNE)
