ILNews

5 appeals judges up for retention

Back to TopCommentsE-mailPrintBookmark and Share

A third of the Indiana Court of Appeals judges face voter retention this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court.

With a month and a half before the filing deadline, one of the applicants says that all five appellate judges submitted their retention paperwork on Tuesday to ensure their names will appear on the Nov. 2 general election ballot. The deadline to do that is noon July 15, according to the Indiana Secretary of State’s Election Division.

That means that lawyers and voters statewide will have the chance to cast a “yes” or “no” vote in deciding whether to keep those jurists on board to craft opinions, interpret state law, and represent the Hoosier legal world in setting judicial standards.

Those facing retention this year are:

– Judge L. Mark Bailey: a former Decatur County judge who was appointed to the appellate bench in 1998 and retained in 2000. He represents the First District, which includes southern Indiana.

– Judge Elaine B. Brown: served on the Dubois Superior Court for a total 15 years before Gov. Mitch Daniels appointed her to the appellate bench in May 2008. This is her first retention vote after being initially named to the court, and she represents the Fifth District that includes the entire state.

– Judge Cale J. Bradford: served for more than 10 years as a Marion Superior judge before the governor elevated him to the appellate bench on Aug. 1, 2007. He represents the Second District, which includes the central part of the state.

– Judge Melissa S. May: a former 14-year insurance defense and personal injury attorney in Evansville who was appointed to the Court of Appeals in April 1998, then retained in 2000. She represents the Fourth District that includes the entire state.

– Judge Margret G. Robb: who was appointed to the appeals court in July 1998 by then-Gov. Frank O’Bannon, after 20 years of general practice in Lafayette and service as a bankruptcy trustee for the Northern District of Indiana, as well as service as a mediator and deputy public defender. She serves the Fifth District that includes the entire state.

Full biographical information on each judge, as well as links to their appellate decisions and general retention election information, is available on the state judiciary’s website at courts.IN.gov/retention. The new site went online Wednesday and mirrors the one created in 2008 after Senate President Pro Tem David Long urged the judiciary to provide more information about the retention process to voters.

The state’s merit-selection and retention system has been in place since a voter-approved constitutional amendment in 1970; it’s been used to select every current member of the state appellate courts. A seven-member nominating commission interviews potential appellate jurists and ultimately submits three names to the governor, who makes the final appointment. That appointee serves for at least two years and then faces retention in the first statewide general election after that probationary term. If retained, that person faces a retention vote every 10 years unless he or she decides to leave the court or hits the mandatory retirement age of 75.

This is the first time since 2006 that five of the 15 intermediate appellate court judges have faced retention votes. None faced retention last year, and only one in 2008.

Judge Robb told Indiana Lawyer today that they all walked their paperwork over to the state office earlier this week, complying with the process required by Indiana Code § 33-25-2. Co-counsel Leslie Barnes in the state’s election division said if one of the jurists filed for retention but later decided against returning to the court or was not able to serve in that capacity any longer, then the Judicial Nomination Commission process for selecting a new judge would take effect.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT