Here Comes the (Next) Judge(s)!
I had a discussion with a fellow lawyer today who is active in politics and the Democratic Party about possible new judges should a Democrat get elected President next fall.
The thinking is that Federal District Judges Lawrence Piersol and Charles Kornmann—both Bill Clinton appointees—might decide to step down for fellow Democrats.
And who would be on that list?
Retiring Minnehaha County States Attorney Dave Nelson and former state legislator Linda Lea Viken from Rapid City.
Others?
When Judge Karen Schreier was nominated by President Clinton, Gene Lebrun, the last Democrat to serve as speaker of the South Dakota House and Rapid City attorney Gary Jensen were considered.
Should State Senate Minority Leader Scott Heidepriem take a pass or lose a race for Governor in 2010, I could see him being in the running under a President Clinton/Edwards/Obama/Dodd/Biden/player to be named later.
Dave Nelson was also mentioned as a possible South Dakota Supreme Court Justice when Justice Richard Sabers reaches mandatory retirement age in a few years. I dismissed this as Dave is a Democrat but my fellow attorney says Dave is also liked in Republican circles. The other possible nominee is former Attorney General and current Circuit Judge Mark Barnett.
Should a Republican win the Presidency, however, it could change the federal judges’ retirement plans.
As the Bush administration reminds us, appointing judges and justices is no small matter.
Todd Epp
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www.USAjudges.com
No small matter is the conduct of judges which Congress continues to Not address. It seems while Congress is trying to figure out how to get out of a war; they're not paying attention to the courts.
Ethical lapses persist http://www.communityrights.org/Newsroom/crcInTheNews/WP04-18-06.asp
As USAjudges.com demonstrates, a good government is a transparent one.
Nationally, statewide, numerous confidential proceedings governing judicial conduct of a public servant, was the impetus for the site which demonstrates through transparency, the power of government is with its people, while reminding citizens of judges are above the law because they said so:
"Mitchell vs. McBride 944F.2D 229 "A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather he will be subject to liability only when he has acted in the clear absence of all jurisdiction.' The rule of judicial immunity applies even where the judge is accused of acting maliciously or corruptly…Sariello vs. Campbell 860 F. Supp. 54"
The complaints from attorneys via CD's, PDF'd court transcripts began arriving.
Some too late.
SIOUX FALLS, SOUTH DAKOTA – A former circuit judge who admitted stealing money from his most recent employer was sentenced Monday to eight years in prison.
Jay Tapken, 54, embezzled more than $14,000 from First Step Counseling in Sioux Falls, where he was a bookkeeper.
Deputy Minnehaha County state’s attorney Paul Bengford said Tapken went to the agency for care when he was released from prison after his fourth drunken driving conviction. He was hired there part time to use his connections with lawyers to promote First Step and later accepted a bookkeeping job.
Bengford said that from September to January, Tapken withdrew cash using a business debit card on 95 occasions, often using the money to gamble. He also made several charges to the business account, including vacation airfare.
Judge Pat Riepel called the conduct “appalling.”
“You violated this woman’s trust and this facility’s trust over and over and over,” she said.
Riepel handed down a 10-year prison sentence, with two years suspended. Tapken must pay $13,800 restitution.
The thefts almost put First Step out of business and cost it an extra couple thousand dollars in penalties for paying taxes after the due date.
First Step owner LouAnn Solem said after the hearing she feels sorry for Tapken but wanted him to be held accountable so he doesn’t do it again. Tapken was hired to pick up the pieces at First Step after her husband died, Solem said.
“He could have come to us for help any time, and he didn’t,” Solem said. “That’s what’s so frustrating.”
Tapken apologized before hearing his sentence. He asked Riepel for an alternative to prison so he could work to pay back what he owes.
“I’ve been in the penitentiary before. I can’t pay her back when I’m in there. I want to pay her back as soon as I can,” he said.
With two convictions for drunken driving and one for failing to appear in court, the embezzlement was Tapken’s fourth felony conviction.
He served as circuit judge from 1981 to 1993.
www.USAjudges.com is here.
Get busy America. If we've got good judges, say so. If not, say so. Americans have to depend on Americans to fix the courts.