Letter: Concerns about judge candidate’s associations

To the editor:

I write this with the hope and expectation that the sensible people of Brown County will elect a good judge.

I have always believed that the judiciary should be apolitical as well as impartial. In many states, candidates for judge are not affiliated with any political party (Indiana is, unfortunately). Thus, I wish to express some concerns with one candidate on the Republican primary ticket.

We are all aware that Tracey Yeager Stogsdill is married to Brad Stogsdill, the second-most powerful man in the Brown County Sheriff’s Department. Brad’s much-respected father, “Buck” Stogsdill, was our sheriff for many years as well.

Brown County constituents have elected people based on their last names for far too long. However, this is a democracy, not a monarchy, right? Tracey Yeager Stogsdill’s intimate association with the sheriff’s department is troublesome for many reasons: It raises concerns about her ability to judge fairly, anticipated subsequent social effects (especially on the working poor), and, if nothing else, electing Tracey Yeager Stogsdill is a simply a poor financial decision for the taxpayers.

Over one-half of our circuit court cases are criminal. In every criminal case, someone from the sheriff’s department will testify. Do you, as a voter with a voice, really think that “Judge Stogsdill” will be impartial and unbiased when she hears testimony from her husband or one of his buddies?

The U.S. Constitution guarantees every one of us a fair trial and due process, as well as protections against “unreasonable searches and seizures.” When/if such cases are brought to court, would Judge Stogsdill be likely to believe the defendant, who claims that they never consented to having their home, car or pockets searched by a man (or woman) in blue? Or would she be likely to believe the officer who claims that there was probable cause?

The big question: Does Tracey Yeager Stogsdill have the potential to be unbiased? We need a judge who will strive to eliminate, not ignore police corruption. We all have the right to a fair trial, and I do not think that every citizen will receive a fair trial if Tracey Yeager Stogsdill is holding the gavel.

If you believe all people should be treated equally regardless of race, religion, sex or income, consider this: What of the criminal defendants who live in poverty? Based on income figures, most Brown County residents will not be able to afford a private attorney; they will have a lawyer appointed for them. Many public defenders will not move for a change of judge or venue because they will not be compensated if they do so. Thus, the poorest people in our wonderful community will continue to lose.

Now, let me appeal to your pocketbook: Criminal defendants who have the money to hire a lawyer will always seek a change of judge or change of county under these cozy circumstances between judiciary and law enforcement. If the judge grants the (reasonable) motions for a fair trial, then the county taxpayers will foot the bill for another judge. If the judge doesn’t grant those motions, the criminal defendant will have a good reason to appeal their conviction. Nonetheless, taxpayers foot the bill. In a county with many criminal cases, this could get mighty expensive for the taxpayers — if Tracey Yeager Stogsdill is elected.

We are all lucky to have been born in America. Escaping the British monarchy, the framers of our Constitution saw fit to separate the powers of government. The prospect of law enforcement and judiciary being each being run by a Stogsdill is unsettling, to say the least. By my informal count, most Brown County cops happen to have a Tracey Yeager Stogsdill sign in their yard. Coincidence? As Alfred E. Newman would say: “What, me worry?” Well I’m worried! Although it might be technically legal for Tracey Yeager Stogsdill to run for judge, I think it is distasteful and goes against that little voice that says: “This is just wrong.” Judges and sheriffs should not share beds!

I have been an independent since I was 18 years old, I have a degree in political science, and always intend to vote for the candidate who will best represent me and the community, regardless of the color or letter associated with their name. That being said, this is a strategic judge race. I fully understand that Republicans control almost everything in Brown County, most residents will vote a straight-Republican ticket this fall, so the candidate who wins the Republican primary will likely be our next judge. Therefore, I will remind you that any voter registered in Brown County may choose a Republican ballot regardless of their party affiliation.

For that reason, on May 8, I intend to pick a Republican ballot and vote for Stogsdill’s only credible opponent, Mary Wertz. Wertz has always been a competent, experienced and a straight-shooting prosecutor. With Stogsdill’s baggage, Brown County citizens would suffer. I believe Wertz would truly be an unbiased judge for Brown County.

Let us not silently succumb to yet another monarchical form of government in our vibrant community. All citizens 18+ have the right to vote, and no employer can prevent you from attending the polls on Election Day. Secure justice for future decades. Demonstrate your constitutional rights and vote. And I hope that you vote for the best, most experienced, most unbiased judge.

There are many Democrat candidates I know and love, but there is too much at stake with the judiciary race. That is why I will pick up a Republican ballot on May 8 and vote for Mary Wertz.

It took a lot of courage for me to submit this letter. Unfortunately, I fear the backlash from the sheriff’s department for exercising my freedom of speech — which is an insanely backwards way to feel. I will end with reminding everyone that your vote is always anonymous, and there is too much at stake to not vote.

Sincerely,

Anna Hofstetter, Brown County

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The deadline to submit letters to the editor written by or about candidates in the 2018 election has now passed; it was April 19 for printing in the April 25 paper.

No letters concerning election candidates or issues will appear in the May 4 issue, which is the issue immediately preceding the election. This is a long-standing policy.

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