Not all Appellate Court Judge candidates have experience on the bench. Who's qualified?
Every Jefferson County judicial seat will be on the ballot this November.
The Court of Appeals handles appeals from lower courts (Circuit and District). One candidate is a current District Court Judge and one candidate is a currently a Circuit Court Judge. Does this previous judicial experience matter?
The Courier Journal, together with the League of Women Voters of Louisville and the Louisville Bar Association identified questions for Court of Appeals candidates. We asked for responses in 200 words or fewer. Below are their responses.
Judicial races are nonpartisan, meaning they are not party-affiliated. Candidates do not campaign on issues, they campaign on merit and experience.
This also means that voters can not rely on party affiliations when voting in the upcoming election. To help with this The Courier Journal along with community partners will host a Candidate Forum for Circuit Court, Court of Appeals and Kentucky Supreme Court on Oct. 6, at the Louisville Bar Association from 4-6 p.m. This forum is open to the public and will be livestreamed by The Courier Journal. Candidates will answer different questions than the ones asked for this publication.
If you missed the District Court Forum on Sept. 22, you can watch it again here.
More about the Court of Appeals
Court of Appeals handles appeals from lower courts (Circuit and District) except for criminal acquittals and divorce decrees (the issues in a divorce case can be appealed). Cases are not retried in the Court of Appeals. The record of the trial court is reviewed and the attorneys for the parties present the legal issues to the court. Two judges are elected from each of the seven appellate court districts. When cases are decided, the judges are divided into panels of three with the majority determining the decision. The panels travel the state to hear cases. Each judge is elected for an eight-year term.
If you have not served as a Circuit Court judge, whose opinions the Court of Appeals reviews, aside from minimum qualifications for the position, why should voters elect you?
District 4, Division 1
Audra Jean Eckerle
"I am a current Circuit Court Judge, where I have served since 2007, when the citizens of Jefferson County elected me. I was first elected in 2004 as a District Court Judge. My colleagues on both benches elected me as Chief Judge. I currently hear appeals from District Court. My 12 years of law practice involved extensive civil, as well as criminal law. I also have a distinguished academic record, having attended Sacred Heart Academy here, the University of California at Davis, where I graduated summa cum laude, studied in France for my junior year, and the University of California at Berkeley, which is consistently ranked in the top five schools in the nation, for my law degree. I had the honor of clerking for a federal judge. I have the education, experience and temperament necessary for this difficult job."
Tricia Frances Lister
"I have the most relevant experience for a Judge on the Court of Appeals. I have spent my career reviewing the records of the District and Circuit courts in order to prepare briefs for the Court of Appeals. I have analyzed hundreds of cases. My area of expertise has been to identify and analyze issues that would form the basis of an appeal. As an appellate judge I would use these same skills. In addition, I have worked closely with clients from all walks of life during my 16 years of practice.
"I am deeply committed to equal access to the courts for everyone. The court system needs to offer justice for all, regardless of sex, race, class, religious beliefs, gender, etc. My involvement in our commonwealth as a citizen, a parent and a criminal defense and appeals lawyer has given me compassion for the people, and an understanding of what sorts of obstacles to justice exist in our current system. I will take these experiences to the Court of Appeals bench with me to do what I can to help all the people in Kentucky thrive."
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District 4, Division 2
McKenzie Cantrell
"First, I have practiced law. Most of my practice has been dedicated to employment law, representing employees in wage and hour, breach of contract, human trafficking and other disputes. My clients have mostly been low-income and Spanish-speaking, some of the most vulnerable in our workforce.
"Second, I have made the law. For the past six years, I have been a member of the Kentucky House of Representatives. Being a part of crafting and passing legislation, especially as a member of the House Judiciary Committee, has given me an opportunity to work with all kinds of statutes and shape policy for our commonwealth and court system.
"Third, I have taught the law as an adjunct professor at the University of Louisville law school. I have been teaching legislation and statutory interpretation, and interpreting statutes is exactly the job of an appellate judge. I have seen the lawmaking process from both a practical and academic side, and now I am ready to apply this experience as a judge."
Annette Karem
"I have served as a District Court Judge for almost 16 years. In this role, I make decisions on a daily basis that impact the lives of those involved in the court system including civil and criminal litigants and victims of crimes. I understand the importance of making thoughtful, careful decisions.
"As an attorney prior to taking the bench, I participated in many trials both as a civil attorney and as a prosecutor in the County Attorney's Domestic Violence, Crimes Against Children and Sexual Assault Unit. My broad experience gives me a perspective that will allow me to understand both sides of the cases that will come before me at the Court of Appeals."
More:Judges are the referees of our legal system and must remain impartial on the bench
Have you ever tried to a jury a civil or criminal case? If yes, how many?
District 4, Division 1
Audra Jean Eckerle
"In my nearly 20 years on the bench, I have had hundreds, if not a thousand, jury trials. And I have made thousands of rulings. I have had several death penalty trials and have tried practically every type of criminal charge. My extensive number of civil trials have involved everything from personal injury and wrongful death to employment contracts. I am currently in a multi-million dollar civil jury trial involving the Whiskey Row fire."
Tricia Frances Lister
"I have been co-counsel on dozens of cases that have been tried before a jury."
District 4, Division 2
McKenzie Cantrell
"No, over 90% of cases settle before trial, and studies have shown that settlement is more beneficial for the parties long term. My cases have so far fallen in that majority of cases."
Annette Karem
"I have participated in many trials in my 25-plus years in the legal field, including over 15 years as a District Court Judge. In private practice, I was involved in civil trials. As a prosecutor for seven years, I tried numerous cases involving domestic violence. Finally, as a District Court Judge, I have tried numerous cases in both civil and criminal courts."
What skills or qualifications do you have that make you a better candidate for the position on the Court of Appeals.
District 4, Division 1
Audra Jean Eckerle
"My extensive educational background and experience are unmatched. The best Appellate Judges are those who have served on the Trial Court benches, as I have for nearly two decades. I have been in the trenches, doing the hard work, and I understand all aspects of it. Additionally, the breadth of my experience is unrivaled, including a very large amount of civil and criminal work. Finally, my work ethic is unsurpassed. My job is more than full-time, but I go throughout the entire community every day and campaign. I already know, but continue to get to know, my community. I am accessible; I listen carefully; and I act promptly."
Tricia Frances Lister
"I am known among my peers for my integrity, my strong sense of justice, my willingness to stand up for what’s right, and for being smart.
"I grew up in a family that struggled economically. We were sometimes without a car and had to rely on public transportation. We moved frequently depending on where we were able to find housing. I went to Jefferson County public schools and went through college with Pell grants, work study and student loans. My kids also went through JCPS. I was a stay-at-home mom for eight years. I’ve worked in libraries, as a barista and as a doula. I was elected to the SBDM council for the Brown School and helped them choose two principals. I always wanted to make a difference in my community, so I went to law school at U of L when my youngest started school. I care deeply about this community, both its beauty and its struggles.
"These life experiences will sit with me every day when I am making decisions that impact the lives of all Kentuckians. They will guide me to make fair and compassionate decisions regardless of the class, race or gender of the people before me."
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District 4, Division 2
McKenzie Cantrell
"I have been someone the community has trusted as an elected official for several years. I have taken on the responsibility of making policy decisions for our city and state, and now I am asking for the responsibility of interpreting the law and setting precedent for our city and state. My parents taught me to work hard and strive to be excellent at everything I do. The skills that have made me a compassionate lawyer, a committed state legislator and an effective educator will serve me well if you choose me to serve you on the Court of Appeals."
Annette Karem
"I am the only candidate in my race who has judicial experience. One of the primary functions of a Court of Appeals judge is to evaluate and, if necessary, correct the decisions made by other judges. I have made those decisions. I recognize and understand that these are decisions that impact the lives of the people before me. In addition to my experience on the bench, I participate in various community-related organizations that involve the justice system.
"I have an extensive background and training in cases involving Domestic Violence and am on the Domestic Violence Fatality Review Committee. As the Chief District Court Judge, I serve on many committees with our justice partners, including having been recently appointed by the Chief Justice of the Supreme Court to the task force regarding the improvement of court notification processes. My level of experience is unmatched in my race and makes me the best candidate for the position on the Court of Appeals."
This article originally appeared on Louisville Courier Journal: Does judge experience matter for Kentucky court of appeals candidates?
