elect DAVID NELSON State's Attorney [primary campaign]

There are three words that summarize for me what we should insist upon from anybody who is seeking to be elected state’s attorney of Saline County:

Experience.

Integrity.

Independence.

First, experience.

The Illinois Constitution requires that a state’s attorney must be a citizen of the United States and a licensed attorney-at-law of this State. But simply having a law license does not make one qualified to be a state’s attorney. I don’t mean to say that only old guys like me should ever be considered qualified to be state’s attorney. That would be ridiculous, and it won’t happen very often. Most people with my years in the profession either have no interest in practicing criminal law, or no inclination to give up a comfortable practice to take on a sometimes stressful public position.

But a legitimate candidate for state’s attorney, in my opinion, should have at least some experience in trying criminal cases: either some years as an assistant state’s attorney, or (maybe better in my opinion, because of the different perspective it gives one) some years in doing criminal defense, either as a public defender or as a private attorney for people accused of crimes.

The two obvious candidates here in Saline County right now, in terms of experience, are Paul Myers and Jim Rodgers–long-term chief assistant state’s attorney and public defender, respectively. But for their own reasons, neither of them has chosen to run.

No doubt on-the-job training is best. But the trainee shouldn’t start at the top of the totem pole, in my view. Anyone asking you for your support for state’s attorney should have demonstrated by past behavior an interest and an aptitude for doing this kind of work. If not, Saline County could be in for another long four years.

Next, integrity.

I don’t know my primary opponent well. So far as I can remember, he never appeared before me in any case when I was a judge, and we have not been involved in a case together since I returned to the practice of law. From all I’ve heard about him, he is a fine young man.

By integrity, what I mean is that voters should satisfy themselves–as well as we can in these matters, of course there can be no assurances–that the person they’re electing state’s attorney has the character to make his or her decisions for the right reasons. A state’s attorney has choices to make all the time, and almost unbridled discretion. What I mean by discretion is that almost all the time the state’s attorney’s decisions as to whether a charge should be filed and what charge should be filed, and whether to discontinue a prosecution already commenced (a so-called “nolle prosequi”), can never be reviewed or reversed by any court or any other person or agency.

In many ways, the state’s attorney is the most powerful position in county government. If the state’s attorney is not a person of integrity, if he or she makes a decision for reasons of his or her own personal gain, it can be very difficult for the voters to find out about it, or to do anything about it.

Finally, independence.

Integrity and independence go hand in hand. To fulfill his or her duty to represent all the people of Saline County with integrity, the state’s attorney (whatever the party label) must truly be independent.

The state’s attorney has the duty to represent Saline County in civil matters. The citizens of this county deserve a state’s attorney who is capable of giving independent advice to the county board and the other county officers, regardless of politics or personal considerations.

As I said when I announced my candidacy, we don’t need a state’s attorney who is a respecter of persons, for any reason—race, religion, gender, social class, or personal or family ties.

The people of this county deserve a truly independent state’s attorney.

This will run several times in The Harrisburg Daily Register and the Eldorado Daily Journal:

Be a Citizen: Get Registered and Vote in the Primary March 16th

In this country, “We the People” are supposed to govern ourselves. That’s what democracy is all about.

If you want to have a say in your government right here in Saline County–if you want to help change the way things are done around here–you have to be registered to vote, and then you have to get out and vote.

The more people who vote in the primary election, the more democratic our government will be.

When a few professional politicians are allowed to control the primary elections in March, then ordinary citizens don't have any real choice in November.

If you don't vote in the primary, you're giving up your equal right as a citizen to choose your public servants. You are making the people who do vote more equal than you.

Whether you're a Democrat, a Republican, or an Independent, if you want to have a voice in who is going to be the next state's attorney of Saline County, you have to vote in the primary on March 16th.

Exercise your rights as a citizen. Register and vote!


Paid for by the Committee to Elect David Nelson. cdavidnelson.com

. . . is accessible on the website of the State Board of Elections.

According to the Southern Illinoisan's online edition, no one filed for the Republican nomination for state's attorney of Saline County, so it looks more and more as if the race will be decided in the primary.

Here are the filings (again according to the Southern Illinoisan):

Circuit Clerk: Democrat, Phyllis Ferrell, 2 Dogwood Place, Harrisburg. Republican, Norma J. Gibbs, 850 Taborn Lane, Carrier Mills. Randy Nyberg, 109 Williams Drive, Harrisburg.

Coroner: Democrat, Incumbent Kenneth M. Sloan, 200 E. Lincoln St., Galatia. Republican, Randy Reed, 503 E. Sloan St., Harrisburg.

State's Attorney: Democrat, David Nelson, 540 Womble Road, Harrisburg. Kelly Phelps, 610 Agin Road, Harrisburg.

County Board at-large seats:

Democrat, Reggie A. Cook, 4295 Raleigh Road, Eldorado. Incumbent Georgia Cowger, 5780 U.S. 45 S., Harrisburg. Danny W. Gibbs, 1095 Feazel Road, Harrisburg. Incumbent Chuck Ingram, 32 Redbud, Harrisburg. Steven L. Jones, 1808 W. Robinson, Harrisburg. Jeff McClusky, 235 Coffee Road, Harrisburg. H.E. (Ron) Mitchell, 249 Saint Mary's Drive, Harrisburg. Incumbent Charles R. (Bob) Oglesby, 2780 Hamburg Road, Galatia. Mike Sumner, 530 Zola Road, Harrisburg. Jay D. Williams, 620 Williams Road, Harrisburg.

Republican, Kevin Dowdy, 8585 Illinois 13 West, Carrier Mills. Chris Field, 113 Lori Ann Drive, Carrier Mills. Thomas Daniel Gore, 85 Pin Oak Lane, Harrisburg. Joseph M. "Joe" Jackson, 402 N. Webster St., Harrisburg. Incumbent Ryan Lambert, 85 Dallas Drive, Harrisburg. Jack T. Nolen Jr., 4665 U.S. 45 S., Harrisburg.

. . . encourage them to call the county clerk (253-8197) to find out about voting by an absentee ballot.

The Illinois Election Code permits a registered voter who expects to be absent from the county on election day, or who is unable to be present at the polls because of a physical incapacity, to apply for an absentee ballot (no earlier than 40 days prior to the election, which for this upcoming primary would be about February 6).

The more people who vote in the primary election, the more democratic our government will be.

If a few professional politicians are allowed to control the primary elections in March, then ordinary citizens won't have any real choice in November.

Some people don't like to vote in a primary. They don't like having to ask for a Democratic or a Republican ballot. They may think, since who they vote for is nobody's business, that they shouldn't be limited to voting for one party's candidates in the primary.

There's a lot to be said for that point of view. But the system we have is the one that we have, and it will not be changed this year.

If you don't vote in the primary, you're giving up your equal right as a citizen to choose your public servants. You are making the people who do vote more equal than you.

Whether you're a Democrat, a Republican, or an Independent, if you want to have a voice in who is going to be the next state's attorney of Saline County, you have to vote in the primary on March 16th. And it looks as if you will only have a voice if you ask for a Democratic ballot, since no Republican candidate has announced.

If you want to help me get elected state's attorney, then one of the best ways you can help right now is to make sure that everybody you know is registered to vote. They have until February 17th to register. I'm planning on running ads in the Daily Register and the Daily Journal, along these lines:

How to Register to Vote

If you are a United States citizen, are at least 18 years old, and have lived in Illinois and in your election precinct for at least 30 days, you are eligible to register to vote.
The primary election is on March 16, 2004. The last day to register for the March 16th primary is February 17th.
If you have never registered, here’s how:
Go to the County Clerk’s office, which is located in the Saline County Courthouse, in Harrisburg. Bring your driver’s license or other identification with you. Tell them that you would like to register to vote. You will be asked to fill out a form which asks your name and address (and former name and address if either has changed), date of birth, and sex, and to swear or affirm that
• I am a citizen of the United States;
• I will be at least 18 years old on or before the next election;
• I will have lived in the State of Illinois and in my election precinct at least 30 days as of the date of the next election.
It will only take a few minutes, and you’ll never have to do it again unless you move or change your name.
If it’s difficult for you to get to the Courthouse, you can call the office of the Saline County Clerk, at 253-8197, and they will tell you how you can register by mail.
Exercise your right to have a say in your government.
REGISTER AND VOTE!

The State Board of Elections has a downloadable registration form on line. It can be filled out and mailed in to Willie McClusky, County Clerk, Saline County Courthouse, Harrisburg, IL 62946. Mail-in registrations must be postmarked by February 17th.

Please let me know if you have any suggestions.

Thanks,
David

Please call me at my office (253-3127) or home (252-8555) or send me an e-mail at nelson@accessus.net. Or you can write me at P.O. Box 386, Harrisburg.

There are only about 100 days between now and the primary election. I will be trying to meet everybody, and I would like to concentrate on getting voters registered. If you have friends or family who don't usually vote, or who haven't ever registered, or don't like to vote in the primary, talk to them and explain why they should vote in this primary.

If you have particular skills, contacts, or resources that you think would be helpful, please let me know.

Thanks,
David.

I am announcing today that I will be a candidate for Saline County state’s attorney in the upcoming election. After 27 years as a lawyer—15 of them spent as a judge—I would like to put my experience to work for the people of this county.

For those of you who don’t know me, let me give you a little autobiography. I was born and raised in Harrisburg, the first of five sons born to Charles and Virginia Wiggins Nelson. My Grandpa Wiggins was a coal miner, and my Grandpa Nelson was a teamster—back when that meant somebody that drove a team of mules. My brothers are Roger, Ron, Don, and Steve. For 28½ years I have been married to the former Mona Adams, the daughter of Thomas and Joan Carnahan Adams. For the last 15 years we have lived out in Mountain township on Womble Mountain Road. We have three children, Heather, Jesse, and Kate, and one granddaughter, Heather’s daughter Cassie Rea.

I grew up on the west side of Harrisburg, went to McKinley School, the junior high, and what was then Harrisburg Township High School. In my memory, most of my childhood outside of school was spent at McKinley Avenue Baptist church, the Mitchell-Carnegie Library, and the ball park. When I was a junior in high school, I was awarded a scholarship to the Phillips Exeter Academy in New Hampshire, and I left Harrisburg at age 17. When I graduated from Exeter, I was awarded a scholarship to Harvard, where I received a bachelor of arts degree.

I was out of college for nine years, and mostly away from Southern Illinois, before I decided to go to law school. During what I look back on now as my wandering years, I was a graduate student at New York University and SIU, served in the Peace Corps in Nigeria, and traveled around a lot, both in this country and in several countries overseas. I worked at various jobs including teacher, welfare case worker, and editor. Shortly before I went back to law school, I helped start and run a drug crisis intervention center here in Harrisburg.

I did not always want to be a lawyer. I thought I would probably be the great American novelist. But when the law school opened at SIU in 1973, I decided to apply, and I was admitted to the first class. My classmates, no doubt in honor of my advanced age, elected me president of the student bar association. While I was in law school, I was the research assistant for one of our professors, Ted Kionka. Immediately after graduation, I went to work as a law clerk for a judge of the Illinois Appellate Court, the late John Marshall Karns, Jr., in Belleville.

In 1977 I came back to Harrisburg and opened a law office. I was asked to continue to clerk for judges who were appointed temporarily to the Appellate Court. I was fortunate in this connection to work for the then highest-ranking woman in the Illinois judicial system, Judge Dorothy Spomer of Cairo.

I guess my most newsworthy cases as a lawyer were those here in Saline County in which I defended several coal miners who had been charged with mob action in connection with the protests surrounding the opening of the non-union Kerr-McGee mine near Galatia.

When Judge Brocton Lockwood—who had been working undercover for the FBI to expose corruption in the Cook County court system—resigned from his position as an associate judge, I applied to fill the vacancy. The circuit judges from the nine counties of the First Circuit chose me to succeed Judge Lockwood, and I turned our practice over to my law partner, Bruce Stewart (who is now the presiding circuit judge here in Saline County).

I took office in April 1984. For the next 15½ years, I presided over thousands of cases of all kinds, from small claims and traffic tickets to complex civil litigation and murder. Like all Illinois judges, I was subject to assignment by the supreme court to serve anywhere in the state, and I was assigned from time to time to courts from Cairo to Chicago. For most of my tenure as a judge, I was in Williamson County.

Four years ago, I felt like I needed a change, and decided to give up my judgeship and go back into private practice. (Coincidentally, Judge Lockwood was then re-appointed to fill the seat he had held 16 years before, and he has now resumed his distinguished judicial career here in Saline County.) My law practice has been concentrated in criminal defense, civil litigation, and appeals.

Now I have decided to run for state’s attorney. I think Saline County needs somebody who is capable of stepping in and taking over the controls in the state’s attorney’s office. I also think we need a state’s attorney without any political entanglements who is able and willing to take a non-political approach to the legal problems facing this county.

It should go without saying that this county needs a state’s attorney who is experienced in criminal law. We don’t want somebody to get his or her first experience in a criminal jury trial in a case where someone’s husband, wife, or child was killed. Our police officers deserve to have an able advocate on their side of the courtroom. And all of us need a prosecutor who is committed to the rule of law and to upholding the Bill of Rights.

I think I’m qualified to fill that position.

The state’s attorney also has the duty to represent Saline County in civil matters. The citizens of this county deserve a state’s attorney who is capable of giving independent advice to the county board and the other county officers, regardless of politics or personal considerations. I think I’m qualified to do that, too, and I pledge to do it if I’m elected.

At this stage of my career, I’m not looking for a stepping-stone to higher office, and I’m not looking to create a political dynasty. I’m a Democrat. But I never let politics interfere with any judicial decision I made, and I was careful to follow the rules of judicial conduct which forbid political activity. I don’t think we need a partisan approach to county government from the state’s attorney, who is supposed to be the attorney for all the people. And, for that matter, we don’t need a respecter of persons for any reason—race, religion, gender, social class, or personal or family ties.

If I am elected, my only agenda will be to uphold the constitution and laws, and to do my best to make the citizens of this county proud of their state’s attorney’s office.

If you want to help, or if there are issues which you think ought to be discussed, let me know. I’m in the phone book.

You have the power to make a change. In this country, “We the People” are supposed to govern ourselves. That’s what democracy is all about. But if you want to have a say in your government right here in Saline County, if you want to help change the way things are done around here, you have to do something yourself. You have to get registered to vote, and then you have to get out and vote. And if you feel strongly about it, you need to get involved in getting other people registered and out to vote.

The person who is going to be our next state’s attorney will be decided in the primary election on March 16th. That’s just three months away. You have to vote in this primary to have any say in choosing the next state’s attorney for Saline County.

Working together we can make a difference. I sure will appreciate your help. As President Kennedy said, “Here on earth, God’s work must surely be our own.”

David Nelson
117 W. Poplar St., P. O. Box 386, Harrisburg, IL 62946
253-3127 (office) 252-8555 (home) nelson@accessus.net