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Bill expands merit selection

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The Indiana Legislature is considering a bill that changes the way Lake Superior county judges are chosen.

House Bill 1266, introduced by Reps. Steven Stemler, D-Jeffersonville, Ed Clere, R-New Albany, and Terry Goodin, D-Austin, mandates merit selection for the four Superior county judges, with those positions being placed on the ballot for a retention vote every six years. Currently, the judges are chosen by the electorate – the only four Lake Superior judges not currently subject to merit selection.

Charles Geyh Geyh

In an email to Indiana Lawyer, Julie Glade, president of the Lake County Bar Association said, “The LCBA is pleased and proud that our Legislature is taking a serious look at HB 1266. We are cautiously optimistic that the bill will become law, and if it does, we anticipate that the process of choosing our judiciary will be a much more uniform and much less costly endeavor. Expensive and time-consuming elections such as the Supreme Court justice race in Wisconsin will be avoided. This bill will also introduce cost savings to the community by allowing our courts to more effectively utilize support staff and conduct business more efficiently – something everybody values.”

But not everyone supports merit selection for county-level judges.

Professor Charles Geyh, associate dean for research and John F. Kimberling professor of law at Indiana University Maurer School of Law, explained some of the reasons why people may be opposed to merit selection.

“The public position in opposition is, ‘We don’t want to give up our right to vote,’” Geyh said. His response to that argument is that people don’t vote for parole officers, prison wardens, and others in the criminal justice system that have a direct effect on the lives of people under their oversight.

“Don’t you want to delegate (judicial selection) to the people who want to take the time and energy to really get it right?” he said.

The retention vote, he added, allows the public to vote against judges whom they don’t feel are doing a good job, so merit selection doesn’t take away the public’s power.

Rep. Charlie Brown, D-Gary, says he is in favor of HB1266, but he questions whether the current approach to retention voting makes sense.

“It’s very unfair that every six years … people walk into the voting booth and cannot make the decision because they don’t even recognize the names (of the judges on the ballot) or know that person,” he said. “So something needs to be done in terms of informing the electorate, to make them aware in advance that this is going to be on the ballot, and here’s some information to prepare.”

Geyh said that in rare cases, judges up for a retention vote may find themselves the target of political attacks.

He cited as an example Tennessee Supreme Court Justice Penny White, who in 1998 was the subject of an attack in which the opposition sent faxes throughout the state, urging the public to vote “no” on her retention. She lost her retention vote, and Geyh said that opponents of merit selection might argue that she would have been better able to defend herself against a negative campaign if she had been running in an election. But he said he thinks such attacks would be “pretty unlikely in most trial court settings.”

Jeffry Lind, president of the Indiana State Bar Association, said the bar supports merit selection in communities that are in favor of it, and that it seems merit selection does have public support in Lake County. He thinks opposition may be related to the fact that in Indiana, “Nobody likes to be told what to do.” And Geyh said that the word “merit” might cause some people concern, as it could be interpreted to mean judges who are merit-selected are somehow more qualified than those chosen by voters.

Geyh said that even when judges are chosen by the electorate, “More often than not, they run unopposed.” It’s one of the many reasons why he favors merit selection.

“I think it’s a good idea, and I think it really ought to be the statewide norm, rather than some patchwork system of judicial selection,” Geyh said.•

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  • amen
    The comment below is right on. Statism is not democracy. Appointed judges is statist.
  • elections are ok for everybody else why not judges
    We get to hear all the time about democracy this and that. Yet the powers that be seem to not like elections for judges. Interesting, isnt it? I think elections give a judge pause, and lead to judges that are more frank and honst about their opinions. There is a lot of fakery going on by judges who dont have to participate in elections, a lot of pretending that they dont have political opinions too. I say let the system acknowledge that judges are human more openly, let the public weigh in with elections, and not try and impose euphemistic solutions like "merit selection"-- ie, APPOINTMENT, where no real problem exists in the first place.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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