5 Court of Appeals judges up for retention

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

Voters statewide will have the chance Nov. 2 to cast a “yes” or “no” vote in deciding whether to keep some of those jurists on the bench for 10 more years to craft opinions, interpret state law, and represent the Hoosier legal world in setting judicial standards. Those facing retention this year are:

Mark Bailey Bailey

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 comprises southern Indiana.

Elaine Brown Brown

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

Cale Bradford Bradford

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

Melissa May May

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 and then retained in 2000. She represents the Fourth District that encompasses the entire state.

Margaret Robb Robb

Judge Margret G. Robb, who was appointed to the appeals court in July 1998 after 20 years of general practice in Lafayette and service as a bankruptcy trustee for the Northern District of Indiana. Judge Robb also has served as a mediator and deputy public defender. She represents the Fifth District that includes the entire state and was last retained in 2000.

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 did so in 2008.

With Indiana requiring appellate judges to step down from active service at age 75, none of those facing retention this year would hit that mandatory retirement age and could serve at least one more term if they chose.

All point to their experience and judicial service on the bench as reasons they each should be allowed to remain on the appellate court. Together, they emphasize that more access, transparency, and efficiency through technology are key to making sure the judiciary can continue working effectively in the coming years.

“Indiana is at the forefront of efforts to make the judiciary more transparent,” the five wrote in a joint response to questions posed by Indiana Lawyer, citing the increase in webcasting and online information about cases and judges. “When we help our citizens better understand the function and operation of the appellate court system, we ultimately give them more confidence in the justice system as a whole.”

The judges answered 12 questions posed by IL.

One tool being used to help the legal community and general public keep informed about these jurists is the state judiciary’s website at, which was updated this summer to mirror 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.

In addition, the Indiana State Bar Association’s Improvements in the Judicial System Committee e-mailed a survey to its members statewide in September asking attorneys to take a confidential “yes” or “no” poll on whether those judges should be retained. The surveys went out five times to give everyone a chance to respond, and results were expected to be released Oct. 12 – after deadline for this story. This was the second time attorneys have received the poll by e-mail rather than traditional paper ballot; the first was in 2008, when three Indiana Supreme Court justices, one Court of Appeals judge, and the Tax Court judge were up for retention. About 8,000 members were polled two years ago and about 1,500 cast ballots, translating to an 18.5 percent response rate that overwhelmingly supported the jurists.•


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.