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Indy mayor wins redistricting battle

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The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.

In the fall of 2011, the Marion County City-County Council, which had a Republican majority, voted to approve a proposal creating Ordinance 61. That ordinance redrew the 25 districts for elections to the council beginning in 2015. Ballard signed the ordinance Jan. 1, 2012.

The ordinance was approved before a Democratic majority would take hold in the City-County Council beginning Jan. 1, 2012. Democratic Councilor Maggie Lewis filed a lawsuit against the Marion County Election Board, arguing that the ordinance failed to comply with I.C. 36-3-4-3, the county’s Redistricting Statute.

The dispute went before a divided panel of trial court judges, who held that the ordinance was passed too early to satisfy the Redistricting Statue. The judges drew new legislative districts and ordered Lewis and Ballard to equally split the cost of the master who was brought in to issue the final judgment.

The justices, in the per curiam decision, noted that both sides presented reasonable arguments about how the Redistricting Statute should be construed, and in particular, whether Ordinance 61 constitutes mandatory redistricting in 2012. The justices determined that it would be proper, as a matter of judicial restraint, to adopt the interpretation that avoids judicial line-drawing in what “is presumptively a matter for the legislative and executive branches of local government to address.”

“While recognizing Ordinance 61 as mandatory redistricting is just one reasonable construction of the Redistricting Statute, we adopt it because it allows legislatively adopted districts to remain in place and avoids the need for districts drawn by a court,” the opinion states.

The justices also noted that the disputed legal issue in this case is whether the City-County Council acted too early, but there is no allegation that the ordinance was substantively defective.

In addition to ordering summary judgment be entered in favor of Ballard, the justices reversed any order requiring him to pay part of the cost of the master.

The case is Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown, 49S00-1311-PL-716.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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