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BY CARMEN McCOLLUM
Times Staff Writer | Saturday, October 04, 2003 | (No comments posted.)
SCHERERVILLE -- Time is running out for Schererville Town Court Judge Deborah Riga.
Riga has until Monday before her 30 days is up to appeal a decision that Schererville attorney Kenneth Anderson won the May Democratic primary following a court battle between the pair.
The ballots have been printed and Anderson is listed as the candidate for Schererville town court judge. He also is running unopposed, practically guaranteeing him the position in January.
Bruce Lambka, Lake County election board attorney, said Anderson's name is on the ballots pursuant to the order of the court.
"It would be difficult to make changes, not impossible, but certainly difficult," he said.
Riga did not return calls. Her attorney Robert Vann also could not be reached for comment.
The 30-day deadline is Sunday but because it's the weekend, the last day to file an appeal and prevent Anderson from becoming the new town court judge is Monday.
Anderson said he hasn't heard of any legal action.
"I would have to say that I'm happy for all the people who worked so hard," he said. "It really wasn't me. It was a team of people who wanted to see that votes were properly counted in Lake County."
There are two avenues Riga could take to prevent or slow Anderson's ascension. Lawyers could file a motion to correct errors, essentially telling Lake County special Judge Mary Beth Bonaventura there were errors in her decision and here's an opportunity to review it. The second avenue is to make a direct appeal before the Indiana Court of Appeals, legal experts said.
The motion to correct errors is a much slower process but it is still a way that preserves the right to appeal.
Anderson said he believes the legal team he put together did an excellent job.
"The people who supported me deserve the kudos. They fought for a voting system that is fair and just," Anderson said.
The outcome of the Schererville judge's race has been tied up in court since Anderson filed a challenge to Riga's primary win. Anderson beat Riga at the polls but lost the election by 11 votes once the absentee ballots were counted. He charged that 23 votes from Precinct 10 were fraudulent.
An election panel ruled that four votes were illegal because those voters no longer lived in town, but they did not believe corruption was rampant enough to invalidate Riga's win.
Anderson appealed that decision before Bonaventura, a juvenile court judge serving as special judge in the case. He contended the primary was so tainted, a new one should be held in Precinct 10.
A volley of legal motions followed with Riga's team moving to get the case dismissed. She argued that the case should not be heard at the local level. Her team also charged that Anderson didn't file the case within the statutory deadline.
The Indiana Supreme Court ruled that the case should be heard at the local level.
The case went back to Bonaventura who issued a 45-page decision last month, citing fraudulent voting and reversing the outcome of the election making Anderson the victor.
Carmen McCollum can be reached at carmenm@nwitimes.com or (219) 933-3318.
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