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Friday, October 20, 2006

Ind. Courts - "Indicted tax collector still sits on judge selection panel"

Bill Dolan of the Munster (NW Indiana) Times reports today:

CROWN POINT | Lake County commissioners first voted to cut their embattled tax collector out of lucrative government work. Now Roosevelt Powell may lose his voice in choosing new local judges.

Commissioner Roosevelt Allen, D-Gary, said Thursday the county is prepared to remove Powell from his seat on the County Judicial Nominating Commission next month, but some believe Powell's removal may not be that simple.

Powell, charged in U.S. District Court with public corruption, has taken part in nominating several local judges during his service on the judicial board, which was created to elevate judicial selection above the seamy reputation of local politics.

Judicial commission members questioned Thursday whether an unproved fraud charge is sufficient cause for removal. * * *

Former county commissioner and current Gary Mayor Rudy Clay named Powell to the board. It has nominated Superior Court judges Elizabeth Tavitas, Diane Boswell and Salvador Vasquez to the bench during Powell's tenure.

Indiana Supreme Court Judge Robert Rucker, who serves as the judicial commission's chairman, said Thursday, "Neither (I) nor any other (judicial commission) member would have the authority to take a vote to remove him. That would be strictly up to commissioners."

Merrillville lawyer Rich Wolter, a judicial commission member, said Thursday, "I don't know of any mechanism to address this, other than the general concept of the (commissioners) being able to remove someone for cause. Getting charged may not be enough."

Schererville attorney Ron Layer, who serves on the judicial commission, advised caution.

"A vacancy is not created by the indictment of a grand jury," Layer said. He added Powell must be presumed innocent.

Powell is pleading not guilty to allegations that he manipulated the county's tax collection system to enrich himself.

Posted by Marcia Oddi on October 20, 2006 07:52 AM
Posted to Indiana Courts