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Justices put school board member back on Hammond mayoral ballot

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The Indiana Supreme Court late Thursday reversed a decision from a Lake Superior judge and put a nonpartisan school board member back on the ballot for the Hammond mayoral run in the upcoming primary election.

An emergency transfer decision file-stamped at 4:10 p.m. came in George T. Janiec v. Lake County Board of Election and Registration, No. 45S00-1104-MI-228, with the justices unanimously ruling that the county election board is enjoined from keeping Janiec’s name off the ballot. Any absentee or early ballots cast by 4 p.m. April 21 remain valid, and the rest of the ruling details how the remaining votes should be handled.

Local voting machines must be reprogrammed to include Janiec’s name for the May 3 primary voting, and the parties must “immediately agree on a mechanism” for absentee and early voters who’ve received but not yet turned in ballots without his name to have the option to vote for Janiec if they choose.

This changes how the county had been handling the issue after an election board decision in early March set this all in motion.

The Democratic members of the Lake County election board removed Janiec from the ballot, finding that state statute prevents local school board members from political campaigning and saying that Janiec can only run for mayor if he first resigned from the nonpartisan school board. Janiec refused and appealed in court, and Judge Jesse Villalpando on March 30 declined to overturn the election board’s decision.

Judge Villalpando ruled that the election board acted consistently with legislative authority and local school board ethics policy disallowing this practice, despite the fact that two other school board members in Lake County are currently running for city council seats and it’s been done in the past in a state Senate race.

Attorneys for Janiec immediately appealed and asked the Supreme Court to grant emergency transfer because of the approaching election and early voting that began April 4.

“The Court finds no basis in statute or law for disqualifying Janiec on this basis,” the justices' per curiam decision says, citing its 2009 decision in Burke v. Bennett, 907 N.E.2d 529, 532, that impacted the Terre Haute mayoral race and held the disqualification statute must be construed in harmony with the longstanding policy on giving people the right to have free and equal elections.

Highland attorney William Fine, who is representing Janiec, said this court ruling reaffirms settled law and practice within the state of Indiana. He didn’t immediately know how many ballots would remain valid without Janiec’s name, or whether that issue could resurface down the road following the primary election. Janiec had run against Democratic incumbent Tom McDermott in 2007 and lost by less than 500 votes.

A 12 p.m. Monday deadline is set for the parties to agree on a way to handle the remaining votes on already distributed ballots, and the court will then resolve any remaining disputes.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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