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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. 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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