'Tis the season...the election season!

Ahhh ... 'tis the season. The season to malign, besmirch, state half-truths and generally prevaricate - all for the purpose of gaining the "public trust" so that one may hold "public office." It is "election season" and many state and county positions are contested - as I am sure each of you have seen on television and heard on radio.Many, as I once did, believe that the judiciary is above the "political fray."

Indeed, when I became a lawyer that was truly the case. In the late 1990s, however, that all began to change. We have seen disgruntled litigants (one person who did not get his/her desired out come in a case) spend personal resources to impact a judicial race. Who was right and who was wrong? I mean, after all, perhaps the judge's ruling in that case was correct under the law and perhaps not - I do not know, nor do I care - the point is that more citizens, for whatever reason, are exercising their constitutional right to become actively involved in selecting the judiciary.

More public interest or scrutiny of any government function is, at least in my opinion, a good thing. Like every other profession in the world, there are good lawyers and bad lawyers, thus there are also good judges and bad judges.Most citizens have little, if any, contact with the judicial system. In fact, when I have asked average citizens what they think about the judicial system each of them, without fail, talked exclusively about criminal or domestic cases - as if there were nothing else to the system. I believe, at least in part, that the exponentially increasing divorce and domestic violence rate in Oklahoma is causing more citizens to come into direct contact with the judicial system and is, thereby, increasing their interest when it comes time to decide what candidates should fill the positions.

The first thing that everyone should know is that, in Oklahoma, the trial court judges, called District Judges, are elected once every four years (some states have trial court judges that are appointed for life - as does the Federal system). Each of our 77 counties has an assigned District Judge(s) - the number of which is wholly dependent on the population of that county; and every county has one Associate District Judge, who is also elected every four years.

Counties also have Special Judges, again the number of which is determined essentially based upon the population. Special Judges are appointed by the District Judges and serve for an unlimited term at the pleasure of the District Judges.

Oklahoma and Tulsa Counties, being the most populated counties, have the most District Judges. Some more rural counties may have one District Judge assigned to cover several counties. In Oklahoma County there are 15 District Judges and, like all other counties, one Associate District Judge. Now, some of the 15 District Judges have geographically defined districts within the county; while others are "at-large", which means they run county wide. Therefore, some of the contested races may not be on your particular ballot during a given election. This year, however, all three contested judicial races are within specific geographical districts and two of the three include parts of Edmond.

The first thing that happens in the process is that candidates, even incumbent judges, file for office. If an incumbent judge is the only one who files for that particular office, then he/she wins by acclimation. There are certain time limits by which this must be done and certain limits on when, how and by whom monies can be raised to support each campaign. Additionally, there are campaign reporting requirements that make public certain records showing donations made to each candidate.

Judicial races are "non-partisan" - not affiliated with a specific party - at least officially. If there are more than two candidates there is a primary. If one candidate obtains more than 50% of the vote, he/she wins that office out-right and the election is over. That very thing happened during this election cycle with Judge Twyla Mason-Gray, who is in a district that includes part of Edmond. She was challenged by Steven Box and Julie Rivers, but Judge Gray obtained more than 50% of the vote during the primary and, thus, won the election and will not be in the general election coming up. If no one candidate obtains more than 50% of the vote then the top two contenders go to the general election in November.

In Oklahoma County there are currently five contested races - four of them include at least parts of Edmond; one on the north east side of Oklahoma City and will not be on the ballot in Edmond. Once elected, a judge is assigned a docket, i.e. criminal cases, civil cases, domestic cases etc., by the Presiding Judge. Essentially, it is based upon seniority. Currently, Judge Donald L. Deason is the District Judge in the Domestic Division and he has four Special Judges who work for him. If there is a new Judge Elected and if Judge Deason wants to, or he could be directed to, go to different docket then the newest judge would be assigned the docket that, essentially, no one else wanted.

Typically, but not always, the docket that no one wants is the Domestic docket - until Judge Deason, who had the chance to assume the dearly departed Judge Bragg's criminal docket but decided to stay in Domestic law. Now, why the Domestic docket is looked at, at least by some, as the least desirable is, in my opinion, because emotions run very high in “family court.” When one starts talking about taking away and/or limited your right to see your own child it gets personal in a hurry.

Good people often act badly in that situation - accusing one another of sexual molestation or assault/battery to gain a tactical advantage etc. It is also not a healthy place, politically, for a judge to stay because it is inevitable that he/she will anger someone and, at least eventually, be targeted for personal or professional attacks, be threatened or even have their family members targeted or threatened.The contested races, including some limited comments and polling, were published in the Daily Oklahoma on Monday, October 30, 2006.

The contested races are as follows - the first three will be voted on by Edmondites:

1. Susan Caswell - incumbent District Judge. Judge Caswell has been a lawyer for almost 27 years. Before becoming a District Judge, she served as an Assistant District Attorney in Oklahoma County for more about 14 years. In 1998 she challenged, and beat, incumbent Bill Burkett who had been appointed by the then governor to fill the remainder of a vacant term shortly before the election. Mr. Burkett had also previously served as the United States Attorney, appointed by the President of the United States, for the Federal Western District of Oklahoma. Judge Caswell is being challenged by Bill Graves, who has been a lawyer for approximately 38 years. He served 24 years in the Oklahoma House of Representatives from 1978 to 1986 and 1988 to 2004.

There are plenty of records available, both at the Courthouse regarding Judge Caswell and at the Capitol regarding Mr. Graves, which will tell you the positions of each. If you are to vote in this particular election, since it is within a certain geographical district in Oklahoma County - part of which is in Edmond, I highly recommend that you discover and review some documents regarding each candidate before you make up your mind. Of course, calling the campaign headquarters for each candidate would provide you some information - just remember, each candidate puts him/herself in the most favorable light possible and some candidates even attempt to put their opponent in the most unfavorable light possible.

2. Carolyn Ricks - incumbent District Judge. Judge Ricks has been a lawyer for approximately 24 years. Judge Ricks was admitted to the bar in 1982 and was appointed as a Special District Judge in 1986. In 1989 she was appointed by then Governor as a District Judge in 1989. Judge Ricks. Until now, Judge Ricks has never faced an opponent, she was re-elected, unopposed, in 1990, 1994, 1998, and 2002. Judge Ricks is being challenged by Kenneth Linn, a lawyer. Mr. Linn graduated from Oklahoma City Law School in 1991 and was admitted to the bar that same year. Mr. Linn served approximately 9 years as an Assistant District Attorney in Oklahoma County. He also served more than 5 years as Assistant General Counsel and Administrative Law Judge at the Oklahoma Department of Public Safety.

3. Vicki Robertson - incumbent District Judge. This is also an Edmond race. Judge Robertson has been a lawyer approximately 27 years. She was appointed as a special judge in 1996 and as a District Judge in 1999. Judge Robertson is being challenged by Pat Crawley, attorney. Mr. Crawley has been a lawyer approximately 15 years. He served as an Oklahoma Assistant Attorney General for approximately 11 years and has been an Oklahoma County Assistant District Attorney for approximately 3 years.

4. Nan Patton - incumbent Associate District Judge for Oklahoma County who has been serving as the head of the Juvenile Division, with great success, for a significant period of time. She, unfortunately, has had some health problems (cancer - that she has beat). She is being challenged by Richard Kirby, an attorney.

5. Malcolm Savage - Judge Savage was appointed by the Governor in the summer of 2005 to fill the remainder of Judge Susan Bragg's term when she untimely departed, rest her wonderful soul, from cancer. Judge Savage had been practicing mostly criminal defense law and had been a lawyer just shy of seven (7) years when he was appointed - it takes five years to qualify. Judge Savage is being challenged by Kenneth Watson, attorney. Mr. Watson has been a lawyer approximately 30 years. He was admitted to practice law in Ohio in 1976 and was admitted to practice law in Oklahoma in 1981. This race is also within a certain geographical district within Oklahoma County, but does not include any part of Edmond.

In making your choices at the polls, it is imperative to understand the vast, and often unchecked, power that these men and women wield over your lives. It is not just about sending "criminals to jail" - we all want that; we all want to be kept safe and have our children kept safe. It is about much, much more than that. For instance, in Domestic Court a Special Judge (appointed by the District Judges you will elect) has virtually unchecked, legal authority to remove your children from you if he/she believes there is an emergency as defined by Oklahoma law.Whether we like it or recognize it, both divorce and domestic violence have grown to pandemic proportions in our community.

Thus, the Domestic division of the Oklahoma County judicial system one of the most, if not the most important divisions. Yes, of course, the criminal division is important to our safety but it seems that in recent years the Domestic Division is touching a greater number of average citizens’ lives then the Criminal Division. While it is true that each of us have a Constitutional right to raise our children, and a judge should not replace his/her moral judgment for that of a parent, there is exceptionally wide latitude under "best interest of the child" standard given to the courts by Oklahoma law.

It is imperative, both individually and as a community, that we select the right people as Judges and that we sift through any maligning or disparaging comments/advertisements for truth and trustworthiness before we make this very important choice. Remember, candidates will only continue the "negative" campaigning if we "let" them by making it effective!!

Mike