By Erin Sollund
The Minnesota judicial elections of 2010 consist of a Primary Election on August 10, 2010 and a General Election on November 2, 2010. In Minnesota, trial court judges are chosen in one of two different ways. The first being appointment, and the second being election. Judge Paul Benshoof, who was appointed by Governor Arne Carlson in 1997, has been re-elected twice without opposition. However, this year, he is faced with an opponent. Beltrami County District Judge Paul Benshoof is opposed by Darrell Carter, a Bemidji attorney who filed in late May. Carter is a former Republican state Senate candidate.
As the 2010 9th judicial elections are nearing, the political news coverage is intensifying. The Bemidji Pioneer has published many articles on the re-election of Judge Paul Benshoof. Benshoof has been serving as a judge in the 9th Judicial District since 1997, and is running for Judge once again. He has served for 13 years, and had persuaded over 40,000 cases. Twenty three years prior to serving as judge, Benshoof has represented clients all over Northern Minnesota as a trial attorney. Benshoof is a firm believer in “fairness, experience, and integrity.” He is running against Judge Darrell Carter. Carter is a Bemidji attorney who filed in late May. Carter is a former Republican state Senate candidate and also is a fourth generation Beltrami County resident. He has practiced law in the northern Minnesota helping hundreds of people throughout Beltrami, Lake of the Woods, Cass, Hubbard, Clearwater, Polk, and Wadena counties for the past 23 years. Carter feels that these experiences will help him better serve the people of the 9th Judicial District court well.
Carter is running because in his opinion, his opponent, Paul Benshoof, has administered justice unfairly in the last 12 years that he has appeared in front of him. Carter said that it’s not only him, but, other attorneys in the courtroom as well. Benshoof has criticized Carter on matters when he did not know what he was talking about; also, rudely fails to listen and he often makes conclusions without hearing all of the facts.
On July 22, 2010, the Beltrami County Bar held a candidate forum where all four candidates (for two different judicial seats) in the 9th Judicial District had an opportunity to address the Beltrami County Bar. Judge Benshoof, said it was hard to rule against attorneys he liked. Carter believes that if this is true, then the converse must also be true: that Benshoof finds it easy to rule against attorneys he doesn't like.
Benshoof is running because he believes he has the experience needed to perform the job best. Through lectures at numerous professional seminars, workshops and classes, and co-authoring an article published in the Journal of Legal Economics, he feels that he has the experience, the wisdom and the good judgment to continue serving as the judge of the Ninth Judicial District.
Being a judge requires five steps. Step one is getting a law degree; the first step to becoming a lawyer is to obtain a bachelor's degree from an accredited college or university and get admitted to law school. Law school programs typically take three years to complete and lead to a Juris Doctor (J.D.). After graduating from law school, the next step for someone who wants to become a judge is to apply for admission to the bar in the state or jurisdiction where he or she wishes to practice law. Lawyers who aspire to become judges should find a court where they can gain work experience, although procedures to do so may differ depending on the type and location of the court. When an opening for a judgeship becomes available, a candidate can submit his or her name for consideration to a judicial nominating commission. Judges are either appointed or elected to their positions. Either procedure requires aspiring judges to have a good track record as legal representatives as well as political support among those who hold the power to put them in office. Some federal judges have lifetime appointments, while other federal, state or local judges have fixed or renewable terms of office. Many state or local judges are elected, in either partisan or non-partisan elections.
Most recently, the Beltrami County Bar Association conducted a referendum regarding the judicial contest between Judge Benshoof and his opponent, Darrell Carter. Excluding five attorneys who chose not to endorse either candidate, Judge Benshoof received 83% of the votes cast (24 out of 29). Mr. Carter received just five votes.
The Beltrami County Bar Association consists of attorneys who live and/or practice in Beltrami County and who share its goal “to promote the administration of justice in all possible ways [and] to uphold the honor of the profession of the law.”
General Elections are held on November 2, 2010. We will have to wait till then to see what the outcome is, and who wins this intense battle.
Friday, September 3, 2010
U. S. REP. KEITH ELLISON
By Dave Jackman
Democrat Keith Ellison is the two-term incumbent for Minnesota's fifth congressional district in the U.S. House of Representatives. First elected to the U.S. House in 2006 with 56 percent of votes, Ellison earned national headlines for being the first Muslim elected to Congress. Ellison was easily re-elected in 2008 with 71 percent, and again the House seat is seen as a virtual lock for the 2010 race against Republican challenger Joel Demos.
Demos has ackknowledged that he has uphill campaign to wage for the House seat that Democrats have maintained since 1963. In one campaign ad he pulls a monster truck along a road and asks for peoples' help in his task of securing an election victory.
Before running for U.S. House, Ellison was elected to two terms in the Minnesota House, representing north Minneapolis in district 58B. Prior to and during his time at the Minnesota House, Ellison practiced law in the private sector along with Legal Rights Center.
Ellison's time in the U.S. House has largely been in a supporting role, as junior representatives usually are. He has co-sponsored more than 1,000 bills and has only a handful of his own written bills make it out of committee.
Much of Ellison's tenure in the House has been tied to his converted faith, Islam. As the first Muslim elected to Congress, Ellison is viewed by some as example of the U.S.'s acceptance of multiculturalism, or a dent in its homogeny. Ellison caused a stir when he decided to be sworn in using a copy of the Quran. At the time, some argued that only a Bible should be used for swearing in members of Congress. Repubican Virgil Goode of Virginia had said at the time that "unless immigration is tightened, 'many more Muslims' will be elected and follow Ellison's lead."
Since that time, Ellison and his faith have been utilized in a more symbolic manner, as he has been involved with numnerous international diplomatic trips and had his speeches published by the U.S. government for dispersement to foreign audiences.
More recently, Ellison has been in verbal spat with Minnesota Governor Tim Pawlenty over the debate of the proposed construction of a mosque near the land at Ground Zero in New York City. Pawlenty had said in an interview that he is "strongly opposed to the idea of putting a mosque anywhere near Ground Zero-I think it's inappropriate." Ellison criticized the governor, saying that Pawlenty's presidential ambitions were blinding him, and that Pawlenty had a "profound lack of understanding" about religious tolerance.
Token symbol of multiculturalism or not, Ellison has at least gained the respect of many within the Muslim community. In a Washington Post profile the director of a Detroit-based national network of Arab American community organizations summed up his feelings on Ellison. "The way he has conducted himself...really resonates with the majority of Muslim Americans and Arab Americans...That's exactly the way Muslim Americans want to be judged, not as being Muslims but by their contributions to their communities as Americans."
"Mulling 2012, Pawlenty Takes Restrained Plunge." August 6, 2010. Retrived from http://www.realclearpolitics.com/articles/2010/08/06/mulling_2012_pawlenty_takes_restrained_plunge_106637.html
Keith Ellison (politician). Wikipedia: The Free Encyclopedia. Retrieved from: http://en.wikipedia.org/wiki/Minnesota%27s_5th_congressional_district
"A Publics Figure." Washington Post, July 16, 2009. Retrieved from: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/15/AR2009071503902_2.html
Democrat Keith Ellison is the two-term incumbent for Minnesota's fifth congressional district in the U.S. House of Representatives. First elected to the U.S. House in 2006 with 56 percent of votes, Ellison earned national headlines for being the first Muslim elected to Congress. Ellison was easily re-elected in 2008 with 71 percent, and again the House seat is seen as a virtual lock for the 2010 race against Republican challenger Joel Demos.
Demos has ackknowledged that he has uphill campaign to wage for the House seat that Democrats have maintained since 1963. In one campaign ad he pulls a monster truck along a road and asks for peoples' help in his task of securing an election victory.
Before running for U.S. House, Ellison was elected to two terms in the Minnesota House, representing north Minneapolis in district 58B. Prior to and during his time at the Minnesota House, Ellison practiced law in the private sector along with Legal Rights Center.
Ellison's time in the U.S. House has largely been in a supporting role, as junior representatives usually are. He has co-sponsored more than 1,000 bills and has only a handful of his own written bills make it out of committee.
Much of Ellison's tenure in the House has been tied to his converted faith, Islam. As the first Muslim elected to Congress, Ellison is viewed by some as example of the U.S.'s acceptance of multiculturalism, or a dent in its homogeny. Ellison caused a stir when he decided to be sworn in using a copy of the Quran. At the time, some argued that only a Bible should be used for swearing in members of Congress. Repubican Virgil Goode of Virginia had said at the time that "unless immigration is tightened, 'many more Muslims' will be elected and follow Ellison's lead."
Since that time, Ellison and his faith have been utilized in a more symbolic manner, as he has been involved with numnerous international diplomatic trips and had his speeches published by the U.S. government for dispersement to foreign audiences.
More recently, Ellison has been in verbal spat with Minnesota Governor Tim Pawlenty over the debate of the proposed construction of a mosque near the land at Ground Zero in New York City. Pawlenty had said in an interview that he is "strongly opposed to the idea of putting a mosque anywhere near Ground Zero-I think it's inappropriate." Ellison criticized the governor, saying that Pawlenty's presidential ambitions were blinding him, and that Pawlenty had a "profound lack of understanding" about religious tolerance.
Token symbol of multiculturalism or not, Ellison has at least gained the respect of many within the Muslim community. In a Washington Post profile the director of a Detroit-based national network of Arab American community organizations summed up his feelings on Ellison. "The way he has conducted himself...really resonates with the majority of Muslim Americans and Arab Americans...That's exactly the way Muslim Americans want to be judged, not as being Muslims but by their contributions to their communities as Americans."
"Mulling 2012, Pawlenty Takes Restrained Plunge." August 6, 2010. Retrived from http://www.realclearpolitics.com/articles/2010/08/06/mulling_2012_pawlenty_takes_restrained_plunge_106637.html
Keith Ellison (politician). Wikipedia: The Free Encyclopedia. Retrieved from: http://en.wikipedia.org/wiki/Minnesota%27s_5th_congressional_district
"A Publics Figure." Washington Post, July 16, 2009. Retrieved from: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/15/AR2009071503902_2.html
PROPOSITION 8
By Caitlin Blowers
Prop8, officially titled Proposition 8, eliminates the right of same-sex couples to marry. It is a statewide ballot proposition in California. On November 4, 2008, voters approved the measure and made same-sex marriage illegal in California. Proposition 8, before it was declared void by the federal courts, the measure added a new provision, Section 7.5 of the Declaration of Rights to the California Constitution which said, "Only marriage between a man and a woman is valid or recognized in California". Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.
By restricting the definition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was somewhat the same as the wording in Proposition 22, which, as an ordinary statute, had been invalidated by the Supreme Court. California's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, or same-sex marriages performed before November 5, 2008.
The campaign over Proposition 8 was fiercely protested. In the aftermath of the vote, an intense focus on Proposition 8 continued with protests around the country and litigation focusing on many aspects of the financing of the campaign. Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced it would consider these lawsuits. On May 26, 2009, the California Supreme Court upheld the constitutionality of the amendment.
Prop8 was also a very costly and time consuming proposition. By Election Day, volunteers on both sides spent thousands of hours getting their messages across to the state's 17.3 million registered voters. The campaigns for, and against Prop8 raised around $39.9 million and $43.3 million. Contributions totaled over $83 million from over 64,000 people in all fifty states and more than twenty foreign countries, setting a new record nationally for a social policy initiative and beating every other race in the country in spending, except the presidential contest. Contributions were much greater than those of previous same-sex marriage campaigns. Between 2004 and 2006, twenty two measures were on ballots around the country, and donations to all of them totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics.
A ProtectMarriage.com spokeswoman estimated that thirty six companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com. The ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot. They continue to support the measure. The measure also attracted the support of a number of political figures and religious organizations.
Today, as of August 4, 2010. Prop8 has been overruled. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court. Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.
Works Cited
Dolan, M. (2010, August 4). Judge strikes down Prop 8, allows gay marriage in California. .
(2008). Text of Proposition 8, official voter information guide.
www.ag.ca.gov. (n.d.). Retrieved from California Attorney General Webpage.
www.latimes.com. (2008-2010).
www.ProtectMarriage.com. (n.d.).
www.sos.ca.gov. (n.d.). Retrieved from California General Election Tuesday Nov. 4th Voter Information Guide.
Prop8, officially titled Proposition 8, eliminates the right of same-sex couples to marry. It is a statewide ballot proposition in California. On November 4, 2008, voters approved the measure and made same-sex marriage illegal in California. Proposition 8, before it was declared void by the federal courts, the measure added a new provision, Section 7.5 of the Declaration of Rights to the California Constitution which said, "Only marriage between a man and a woman is valid or recognized in California". Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.
By restricting the definition of marriage to opposite-sex couples, the proposition overturned the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to marry. The wording of Proposition 8 was somewhat the same as the wording in Proposition 22, which, as an ordinary statute, had been invalidated by the Supreme Court. California's State Constitution put Proposition 8 into immediate effect the day after the election. The proposition did not affect domestic partnerships in California, or same-sex marriages performed before November 5, 2008.
The campaign over Proposition 8 was fiercely protested. In the aftermath of the vote, an intense focus on Proposition 8 continued with protests around the country and litigation focusing on many aspects of the financing of the campaign. Three lawsuits seeking to invalidate Proposition 8 were filed soon after the election; on November 19, the California Supreme Court announced it would consider these lawsuits. On May 26, 2009, the California Supreme Court upheld the constitutionality of the amendment.
Prop8 was also a very costly and time consuming proposition. By Election Day, volunteers on both sides spent thousands of hours getting their messages across to the state's 17.3 million registered voters. The campaigns for, and against Prop8 raised around $39.9 million and $43.3 million. Contributions totaled over $83 million from over 64,000 people in all fifty states and more than twenty foreign countries, setting a new record nationally for a social policy initiative and beating every other race in the country in spending, except the presidential contest. Contributions were much greater than those of previous same-sex marriage campaigns. Between 2004 and 2006, twenty two measures were on ballots around the country, and donations to all of them totaled $31.4 million, according to the nonpartisan National Institute on Money in State Politics.
A ProtectMarriage.com spokeswoman estimated that thirty six companies which had previously contributed to Equality California were targeted to receive a letter requesting similar donations to ProtectMarriage.com. The ProtectMarriage.com organization sponsored the initiative that placed Proposition 8 on the ballot. They continue to support the measure. The measure also attracted the support of a number of political figures and religious organizations.
Today, as of August 4, 2010. Prop8 has been overruled. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court. Both Gov. Arnold Schwarzenegger and L.A. Mayor Antonio Villaraigosa praised the judge's decision. "Because a judge had the courage to stand up for the constitution of the United States, prop 8 has been overturned!" the mayor wrote on Twitter.
Works Cited
Dolan, M. (2010, August 4). Judge strikes down Prop 8, allows gay marriage in California. .
(2008). Text of Proposition 8, official voter information guide.
www.ag.ca.gov. (n.d.). Retrieved from California Attorney General Webpage.
www.latimes.com. (2008-2010).
www.ProtectMarriage.com. (n.d.).
www.sos.ca.gov. (n.d.). Retrieved from California General Election Tuesday Nov. 4th Voter Information Guide.
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