Candidates vie for district judge position

Friday, December 2, 2005

Approximately 30 people attended the open public hearing held by the Judicial Resource Commission in McCook Thursday morning, for the 11th Judicial District Court Judge position left open by John Battershell's' retirement in October.

Chief Justice of the Nebraska Supreme Court John V. Henry, chairman of the committee, presided over the hearing, where each of the seven candidates were given ten minutes to speak before members of the Commission. Candidates were asked to speak in alphabetical order.

Those persons speaking in favor of a candidate would be allowed to do so, Henry said, but would be counted as part of the ten minutes. Opposition speakers, of which there were none, would have two minutes.

Daylene Bennett of McCook, attorney in a private practice, told the Commission she has the demeanor and experience necessary for the position, and spoke about the importance of having courtesy and respect for all parties involved in a dispute. Marty Conroy spoke on her behalf, and said the "true picture"of Bennett would be her superb knowledge of the law, and the sound advice she gave the McCook City Council when she served as the City Attorney.

"She was fair and honest, and firm when necessary," Conroy said.

Maurice Green, an attorney in McCook since 1980, said because he grew up in Valentine, he is familiar with the rural problems and said rural areas deserve to have their cases moved along as quickly as those in Lincoln of Omaha.

"This is a peoples' court - and people ought to have access to it," he said, and spoke in favor of the same accommodating schedule Battershell practiced to those who have to travel to court.

He said roughly 60 percent of his cases are in family law, which corresponds to the same percentage seen in district court.

Jeffrey Meyer from North Platte said he would make decisions as a district judge based on what he believes is the right thing to do, and defined by what the law says. Meyer, current county attorney from Lincoln County, said he has learned that his decisions won't make everybody happy, and would use that same philosophy as a district court judge.

Raised by a single mother and an extended family, Meyer said he stayed with friends in his junior year of high school when his mother decided to move, and said "if I hadn't chose the right thing to do then, I wouldn't be standing in front of you now."

Lincoln Public Defender Bob Lindemeier spoke in favor of Meyer's candidacy, saying Meyer understood the issues and that his real life experiences would benefit the decisions he would have to make as a judge.

An attorney from Wallace, Joel Phillips said his 13 years in the Marine Corp leading troops and flying helicopters demonstrated his sound judgment in stressful situations. His experience as Mayor and chairman of the Wallace town board also taught him how to make difficult decisions that might be unpopular, but added that the legal system needs someone who can make tough decisions.

Phillips sees the future of law in this area to be progressing toward environmental issues, and as such has kept up on water and environmental laws. He also expressed his concern for the rampant increase in violent domestic assaults, drug use, and the increasingly young age of those involved.

Practicing law for 28 years in Arapahoe, David Urbom said he served as county attorney for four consecutive terms and as a special prosecutor for five counties. He grew up wanting to be a lawyer, he said, as he had deep respect for his father who is also an attorney. He is involved in school and civic activities, and believes that volunteering not only helps the community, but helps how the legal profession is perceived as well.

Urbom said that as a district court judge, he would work diligently and with respect for all those involved.

Todd McWha, partner in Terrence Waite's law firm in North Platte, spoke about Waite's dedication and knowledge to the law, describing him as a "walking legal encyclopedia." McWha also explained that Waite's excellent problem solving and calm temperament would be needed as a district court judge, and told the Commission that Waite would be a good choice as the court would need "someone who's been in the trenches."

Waite said he would enjoy being a mediator, because of the chance it gives him to talk to people and point out potential problems, at that at this stage in his life, he felt he could make the necessary commitments of time that the position would require.

The final candidate, Red Willow County attorney Paul Wood ,addressed the Commission and explained that he didn't submit his resume to the Commission as the ability to work hard cannot be communicated by a letter. In his brief statement, he told Commission members that by the age of 11 he was mowing lawns and working at grain elevators from the age of 16 through law school, which taught him the value of honest working.

Wood said as county attorney for the past 15 years he has learned that unpopular decisions are never easy but sometimes needed, and expressed his admiration of previous district court judges John Battershell and Jack Hendricks.

After the candidates statements were given, each candidate was interviewed privately by Commission members.

The name of the candidate the Commission selects will then be forwarded to Gov. Dave Heineman, who will make the final decision.

Members of the Judicial Resource Commission include attorneys Russell L. Jones of North Platte, Robert B. Reynolds of Ogallala, Eric B. Eisenhart, of Cambridge, and Jon S. Schroeder of Curtis. Lay members include Dr. Paul Foy of Ogallala, Mike Hendricks of McCook, Julie Vak of Madrid, and Phyllis Gardner of Max. Alternate attorney members present were Patrick Hays of North Platte, John F. Hansen of McCook, and Todd D. Wilson of Elwood and alternate Lay members present were Douglas Teaford of Ogallala and Don Brockmeier of Curtis.

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