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Merit-selection override a possibility

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The state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.

On the final day he had to take action, Gov. Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan elections to choose the county's eight Superior judges for six-year terms. It also called for the creation of a sixth Court of Appeals district and panel starting in July 2011.

In his veto message, Daniels wrote: "The current method of selecting judges for the St. Joseph Superior Court has prevailed successfully for 35 years. It is a model to be emulated, not discarded. It is not broken; it requires no repair. It has produced outstanding jurists and contains sufficient measures of public accountability. I believe it neither necessary nor wise to re-politicize the courts of St. Joseph County."

On the appellate panel aspect, the governor wrote, "The addition of another panel to the Court of Appeals at $2 million per year is difficult to justify in today's challenging fiscal environment. Moreover, if I were to sign a bill linking these two proposals, it could contribute to public cynicism by creating the appearance that my acquiescence was purchased with more appointments. Whatever the merits of expanding the Court of Appeals may be, they should be considered alone."

While the legislation's author, Rep. Craig Fry, D-Mishawaka, didn't return telephone messages from Indiana Lawyer after the governor's veto, he told the South Bend Tribune that a veto override is still possible if Senate Republicans are willing to take that step.

A simple majority of both houses, which means 51 in the House and 26 in the Senate - is needed to override the veto. Senate President Pro Tem David Long, R-Fort Wayne, and House Speaker B. Patrick Bauer, D-South Bend, could not be reached late Wednesday or Thursday morning to comment on the veto or possibility of an override.

But if the General Assembly's action earlier in the session on this legislation is a sign, there could be enough support - the House voted 88-3 on the bill aimed at St. Joseph County's judicial selection, and the Senate voted 35-15 to pass an amended version adding the appellate court component.

St. Joseph judges were pleased with the governor's decision, saying Daniels correctly articulated the system as one that works and should remain in place. Even those judges who are currently elected agreed.

"This wouldn't have affected me, but directly impacts my (Superior Court) colleagues," Circuit Judge Michael Gotsch said this morning. "The governor hit it right on the head, saying it should be emulated."

Despite being elected, Judge Gotsch said he prefers merit selection because it offers a choice; he ran unopposed in a judicial campaign, as did the county's other elected jurist, Probate Judge Peter Nemeth.

"If someone wants to run a campaign against a sitting Superior judge and raise questions about their record, let's do that. But no one has ever done that," he said. "How do we know if it works it if it hasn't been tested? It made no sense to throw the whole system out without testing it first."

Indiana State Bar Association president Bill Jonas, a South Bend attorney, was pleased with the veto decision and the language Daniels used in the message.

"What I appreciated the most was that it showed real statesmanship, and his willingness to rise above partisan politics and do what's right as an elected official," Jonas said. "We had met with the governor's legal staff and they indicated his strong commitment to judicial independence and fiscal responsibility. We hoped that would carry through, and it's obvious that it has."

Jonas realizes the battle isn't finished and will be watching closely for any possible veto override action. The state bar association plans to increase its efforts in the coming months to educate the public and legal community about the merit-selection and retention system, an effort that will heavily involve civic education, he said. The ISBA is working with the Indiana Judges Association on this effort to expand the merit-selection and retention system to other parts of the state, he said.

"We have a third branch of government that's independent, and 1491 was an effort to go a little farther than the legislature should in getting involved in the judiciary," Jonas said. "When you talk about this issue with people, who can't name all three branches of government, it's a real challenge to get through, and is indicative of the challenges we face."
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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