http://ipraudio.interlochen.org/86thCourt.mp3
Voters in the Grand Traverse region have to fill an open seat in the 86th District Court, which covers Antrim, Grand Traverse and Leelanau counties.
The choices are a Republican lawmaker who rose to leadership in Lansing, or a local attorney who's practiced for twenty years in Traverse City. Even with two Republicans running, partisan politics has seeped into what's supposed to be a non-partisan campaign.
The Candidates
In the primary election, Kevin Elsenheimer was the top vote getter. After three terms in the state house, Elsenheimer is term limited. In his last two years, he's achieved state-wide recognition as the minority leader in the house.
He says he could have run for the state senate or even for the seat in Congress being vacated by Bart Stupak, but he says a seat on the district court would fulfill a lifelong goal.
"This sojourn to Lansing was never planned," he says. "My plan was to be a small town judge in the town that I grew up in, Traverse City. And this is basically me refocusing to the goals that I set when I was a young man."
Mike Stepka is the other candidate in the runoff. He recognizes he's bucking against pretty strong name recognition in Elsenheimer.
Stepka also grew up in Traverse City, where he has based his law practice ever since he passed the bar. He's trying to present himself as the home-grown candidate with a record of public service in a number of community organizations.
"I'm currently a Grand Traverse County Commissioner, which I enjoy very much," he says. "I'm on the Board of the Women's Resource Center. I'm on the TART Board. I've provided pro-bono legal work to Third Level for my entire 20-year legal career."
Experience
One of the issues in the race that's gotten a lot of attention is experience. Stepka claims he has handled three times more cases in the district court than Elsenheimer.
But that's been a source of disagreement. Elsenheimer has responded that Stepka didn't count some of the cases Elsenheimer worked on as an assistant prosecutor in Antrim County before he was elected to the legislature. And Elsenheimer claims more actual trial experience than Stepka.
Partisanship
Another issue that has emerged is partisanship. It involves an automatic telephone message sent to voters. In it, an Elsenheimer supporter claimed the Democratic Party supports Stepka.
Both candidates are Republicans in what is widely seen as an overwhelmingly Republican district.
Stepka says the message in the robo call is just not true.
"I am not endorsed by any political party," he says. "I would not accept the endorsement of any political party. The Democrats have gone on record saying that they do not endorse me."
Elsenheimer says that call went out in one evening weeks ago, and has not been repeated. But he says it was someone in the local Democratic Party who told him the party endorsed Stepka.
"I think it's a little bit dirty when we start bringing political campaigns into the judicial process," Elsenheimer says. "There is supposed to be separation. And I'd like to keep it that way."
Stepka says he's upset and disappointed by the use of robocalls in what's supposed to be a non-partisan election. And he thinks for the Elsenheimer campaign to put out false information may be an ethics violation.
"Even if it's true that he received it from someone in the Democratic Party he had the obligation under the rules to check the veracity," he says.
Stepka says this feels more like a political campaign than a district court election. Those are typically low key affairs.
Distinguishing Candidates
District Court is a workaday court that deals with offenses such as drunk driving, drug possession, fraud, embezzlement and small claims. It can be difficult for voters to find ways to distinguish between the views of the candidates.
Both talk about protecting the public.
One possible difference is that Mike Stepka might be more enthusiastic about specialty courts. Those programs try to keep people out of jail who are willing to work on underlying issues such as addiction.
Specialty courts are run by judges who are committed to trying this approach. The 86th District runs a sobriety court, a domestic violence court and a mental health court.
"The innovation that these courts bring us to treat these people in different ways rather than through incarceration is exciting," he says. "And I've been part of each one of those courts for the judges over the years. And I've seen people benefit and flourish upon completion."
Kevin Elsenheimer says he supports the specialty courts as long as they're getting results. And so far, he says, the evidence is those programs do prevent people from becoming repeat offenders.
Elsenheimer puts an emphasis on his broad experience outside the region as a plus in his campaign. He says he's written laws that a district court judge may have to apply.
"I have a special understanding, a unique understanding of the role of the court because I've been in the executive as a prosecutor," he says. "And I've been in the legislature, obviously, as well. I know what a judge is supposed to do and not supposed to do."
Elsenheimer took 40 percent of the primary vote to Stepka's 20 percent. Stepka is banking on stronger voter turnout in the general election to make up some ground.