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5 appeals judges up for retention

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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.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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