Indianapolis Recorder, Indianapolis, Marion County, 3 November 2000 — Page 8
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THE INDIANAPOLIS RECORDER
FRIDAY, NOVEMBER 3,2000
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OPEN TO ALL COLLEGE SENIORS/GRADUATES ■ EXPERIENCED PROFESSIONALS Presenting the 9 th Annual
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Judicial candidates answer critical community concerns
The Indianapolis Recorder sent the following questionnaire to this year’s judge candidates in an effort to gauge where each candidate stood on two critical issues affecting African-Americans: Question #1 Given that Black men/womeri and poor people of color are disproportionately sentenced to tough mandatory sentences for non violent crimes, what are your thoughts on mandatory sentences with respect to drug crimes and other nonviolent crimes and how will you help to change the sentencing system to create greater fairness in how people, regardless of color or income, are punished?
and
Question # 2: Racial profiling is a serious problem within the community, how will you use your position to address this issue? Now read how several of the candidates responded. Editor’s note: Responses are based on those candidates who returned questionnaires by the required deadline. In addition, several judges were omitted from answering if their office did not handle the matters addressed in the aforementioned questions (i.e. traffic court, etc.). Answers submitted by all nine Republican Superior Court Judge
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Candidates as a group: Robert R. Altice Shelia A. Carlisle Steve Frank Reuben B. Hill Michael D. Keele William J. Nelson Scherry “SK” Reid Clark Rogers William E. Young
Q»#l
Like any caring citizen, we are saddened and concerned when we see a young life wasted—the life of a young person of any color —by being sentenced to a lengthy term of imprisonment. We would rather see young people go to college than to prison. At times, however, it will be our duty to impose prison terms on those that deserve them. It will also be our duty to ensure that sentences are imposed fairly, without regard to race, creed or color. It is not the job of any judge to “change the sentencing system;” that duty belongs to the state legislature, who give judges the laws we are sworn to uphold.
Q#2
If “racial profiling” means targeting individuals for search or arrest because of the color their skin, we condemn that practice. It would be our duty, as judges, to apply the law so as to protect both the safety of the public and the constitutional rights of the accused. Both are duties we take seriously. Evan Goodman — D
Q#1
The Indiana Constitution, Bill of Rights, says, “The penal code shall be founded on the principles of reformation, and not of vindictive justice.” The punishment of criminals should be based therefore on reforming them. The sentence should be tailored to the individual’s needs. I have written an 80 page analysis of ways to transform our criminal sentences which will be published next month. I have proposed these ideas to both state and federal legislatures years ago without success. Maybe the time is right. "
Q#2
Last month I met with the Black Legislative Caucus regarding the issue of profiling. I will be notified by the Caucus when it is time to come to the Legislature and add my support to a bill that will stop such injustice. I know that racial profiling is real. As Doctor Martin Luther King said, people should be known for the “content of their character” and not by some phony
reason to stop them because of
their race.
Judge Barbara Collins — D
Q#1
Any mandatory sentences are creatures of the Legislature (i.e. Congress or the Indiana General Assembly) and not of the Courts or the Judges of the Courts. I think that you will find that most Judges have serious concerns over the use of mandatory sentencing in the drug use and non-violent crime areas. I share that concern. Sentencing should not be based on the color nor on the economic status of the defendant, but rather should be based on a careful consideration of the facts of the case, combined with an in-depth study of the defendant, looking towards reform and treatment, not simply punishment. I will be happy to add my voice to those seeking to ease the burden of mandatory sentencing in both Federal and State courts.
Q#2
Selective law enforcement, whether in favor of or against any group in our society, is a violation of the rights of each of us and we must all be vigilant to see that such activity is not permitted. We need to train our police, educate our prosecutors, and remind all our judges that racial profiling cannot and will not be tolerated in our society, especially within the criminal justice system. If evidence of such conduct comes before me, in my official capacity, it will be incumbent upon me to blow the whistle on such conduct and take whatever action is within my powers to identify and punish those abusing their powers in such a manner. Mark D. Stoner — D
Q#1
The mandatory guidelines mentioned are under federal law,'not' state law, and are not under a Superior Court judge’s control. At the state level, laws regarding sentencing ranges are controlled by the legislative candidates and, absent constitutional defects, are beyond the control of the courts. However having worked in Judge Webster Brewer’s court for six years, I know that, even with existing laws, there are creative ways to use those laws to help rehabilitate individuals if that is the appropriate result. Clearly, though, considerations of
race and income should have absolutely no bearing on sentencing decisions. I will apply the law equally and fairly to all people, regardless of race or economic sta-
tus.
Q#2 Racial profiling is illegal and should be condemned at every opportunity. As a judge candidate, I am sensitive to the issue and will pledge to uphold the laws which forbid the practice of racial profil-
ing.
Linda E. Brown—D
Q#1
The determination of sentences to be rendered is a function of the legislative body of government. Federal judges have had long term experience with mandatory sentencing guidelines, and several judges have commented about mandatory sentences and the lack of judicial discretion. Judicial officers are bound by an oath to uphold these guidelines as enacted by the legislature even if their personal convictions are otherwise. As a judge I would take this oath with all seriousness, as I would the determination of what is fair and just in sentencing. While I am aware of the debate and the questions raised I have not had an opportunity to formalize a view of the rules. Should I have the opportunity of sitting as a judge, I hope to share my experiences with members of the general assembly as they review sentencing guidelines. Q#2 Under the Indiana and United States Constitution it is unlawful to treat citizens differently based upon race. Racial profiling is now an issue that has reached the national debate as candidates of both parties have taken the position that treatment of citizens based on race is unlawful and will not be tolerated. I am pleased to hear that the issue of racial profiling is worthy of national debate, and should a case come before me that raises the question of whether or not the cbnstitutional rights of a citizen have been violated, I will apply the law to the facts and circumstances that exist; as I am sure all of the judicial candidates would. Judges, as members of the judicial branch of the government, work and address those cases before them and apply the laws as they exist. The vast majority of police officers work diligently to protect and serve the public, and cannot be unduly burdened [doing their jobs.]
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