Thomas North of St. Ignace is being charged with representing himself as the incumbent in his campaign for judge of the 92nd District Court. His opponent, Judge Beth Gibson of Newberry, the actual incumbent in the election, filed the complaint in July and contends that it is Mr. North's use of the title "judge" in his campaign materials that implies he is the incumbent.

Following an investigation by the Michigan State Police, Mr. North was arraigned on the charges October 13 and plead not guilty. He now awaits a judge's review and possible jury trial, but that will all come after the November 4 election.

If the case goes to trial, according to legal experts interviewed by The St. Ignace News, it could address several ethical and legal issues, including who can use the title of judge, whether calling oneself a judge implies incumbency in an election, and even whether any of this could be construed as an infringement of free speech under campaign laws.

Not all jurists are in agreement about the use of the title judge. Some believe that only a seated judge, or a judge who has retired from the bench undefeated, can retain the title. Others believe that the courtesy is extended to all who have served on the bench, just as it is to U.S. presidents, legislators, and military officers.

Use of this title will be scrutinized in coming weeks by Judge John Fitzgerald of Montmorency County, before a trial that could determine whether it wrongfully designates Mr. North as the incumbent for the post of 92nd District Court judge in the November 4 election.

At his arraignment in that same court in St. Ignace Monday, October 13, Mr. North plead not guilty to four counts of "wrongful use of incumbency designation" under the election law. At the arraignment, it was decided that Mr. North, special prosecutor James Linderman of Emmet County, and Judge Fitzgerald will take the next two weeks to arrange their schedules for another hearing on the matter.

At issue are the words "Elect Judge Thomas North to District Court" on two magnetic signs used on cars in July 4 parades, "Judge Thomas North Election Committee" printed on his campaign letterhead, and "Judge North" used on a name tag, according to the court warrant.

The Michigan Election Law cited in the complaint is 168.944, false designation of incumbency; misdemeanor. This section reads:

"Any person who advertises or uses in any campaign material, including radio, television, newspapers, circulars, cards, or stationery, the words incumbent, re-elect, reelection, or otherwise indicates, represents, or gives the impression that a candidate for public office is the incumbent, when in fact the candidate is not the incumbent, is guilty of a misdemeanor punishable as provided in section 934."

Judge Gibson's complaint to the Bureau of Elections was routed to Michigan State Police, who contacted the county prosecutor's office. Prosecutor Fred Feleppa, perceiving a conflict of interest for his office because the case could impact the campaigns of two candidates for the bench, requested another prosecutor be put on the case September 9. Mr. Linderman, Emmet County's prosecuting attorney, will prosecute it.

"I did file a complaint with the Bureau of Elections, which was directed to Michigan State Police," Judge Gibson told The St. Ignace News. "The timing is unfortunate, but I tried to start it earlier. I would rather it was wrapped up by now."

Said Mr. North: "I believe this is an 11th hour campaign tactic orchestrated by my opponent. The timing also is suspect. Three weeks before the election, it is designed to raise questions in the minds of voters. Unfortunately, the legal system is not going to run its course until after the election."

Mr. North says he is not guilty for two reasons: He did not claim to be the "incumbent" (wording the law does not allow), only a "judge," and it is correct, customary, and legal for him to refer to himself with the title "judge."

Mr. North served as probate judge in Mackinac and Luce counties from 1992 until he was defeated in the 2006 election, and has applied to serve as a visiting and substitute judge in some courts in Michigan, although he has not been called to do so, according to the public information office of the Michigan Supreme Court. He is recognized as a judge by the State Court Administrator's Office, he also said, citing correspondence from them that addresses him as a judge.

"As for the title, once a judge, always a judge. It's a customary thing," he said. He refers to himself as a judge, and he said many other people do, as well, according to customary practice.

He also contends that he could find no law reference that prevents him from using the title of judge in his campaign.

"In my 26-year legal career," he said, "this is the weakest criminal case I've ever seen."

As for those making the charges, Mr. Linderman, the special prosecutor, declined to comment on the strength or weakness of the case.

The judge and jury must ultimately determine whether Mr. North's reference to himself as "judge" on these materials is a misdemeanor under this statute.

If the campaign materials are found to be in violation of the law, these are misdemeanor charges, each punishable by up to 90 days in jail and a $500 fine.