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Municipal judge race features two lawyers, a parole officer, former

Joan Downs

Issue date: 2/6/08 Section: News
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Four candidates will appear on the primary ballot Feb. 19 for Whitewater's municipal judge.

A municipal judge in Whitewater is not required to be an attorney. Two of the four candidates are not lawyers. Colin Cheever, a UW-Whitewater alumnus works for C.A. Pope Development. Art Coleman is a probation and parole officer. Richard Kelly is the incumbent municipal judge and a practicing attorney for 40 years. Ben Penwell is also a practicing attorney.

The fact that legal experience is not required is a concern of several candidates.

"I think the first issue is whether people should elect a non-attorney," Kelly said. "It's a hangover from justices of the peace. Judges have to deal with sophisticated evidentiary and procedural rules. In addition, judges have to interpret substantive issues such as traffic citations, ordinance violations and building code violations. I can't see how the job can be done by a non-attorney."

Kelly said it's an issue of who is qualified.

Penwell said his primary issue is the preservation of citizens' rights.

"I want to see that people accused of violations have due process," Penwell said.

Penwell has practiced law for 12 years. He said the judge should be a neutral arbiter of the law, and he believes legal education is necessary for a judge.

Penwell also said he is aware of the concerns of students.

"I am keenly aware of a perception that there are two layers of justice," Penwell said. "I want to get deeply involved so I can assure that's not the case."

Penwell said he would initiate a meeting to inform students, especially new students, of Whitewater's codes and laws. He said he believes students who are aware in advance of the consequences of their actions will feel they have been treated fairly.

Cheever said he wants to make sure the municipal court treats the same offenses consistently, whether the alleged offender is a student or not.

"I want to bring a humanistic side to the court," Cheever said.

Coleman said as a parole and probation officer, he has experience in facilitating transitions into the community.

"I don't want to tag [someone] with a label," he said.

The four candidates have self-financed their campaign.
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Concerned citizen

posted 2/21/08 @ 1:35 PM CST

How happy am I that Cheever did not get elected as Municipal Judge? Elated. And a little irritated upon having to see his out-of-place name on the primary ballot this past Tuesday. (Continued…)

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