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Candidate on ballot as appeal proceeds

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Indiana Lawyer Rehearing

The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.

At IL deadline, Lake Circuit judicial prospect William I. Fine, an attorney in Highland, remained on the ballot after the justices turned down two emergency requests to intervene and the COA declined to rush briefing before the Nov. 2 general election that could put Fine on the bench.

The case is Michael Lambert v. William I Fine, No. 49A04-1009-PL556, which stems from an Indiana Election Commission decision in early September that took Fine off the ballot. That left voters with only one choice – Merrillville Town Judge George Paras, who won the Democratic primary in May to replace retiring Lake Circuit Judge Lorenzo Arredondo.

A Marion County judge reversed that decision Sept. 13 and granted a temporary restraining order that stopped the state from keeping Fine off the Nov. 2 ballot. Judge Michael Keele noted that no basis in law exists to interpret state party rules in a way to override a statute and that the commission doesn’t have the subject matter jurisdiction to endorse state party rules, let alone at the expense of a statutory grant of power to a county chair.

Fine’s challenger Michael Lambert, a Winfield town council member who argues that a party caucus should have been held to choose the Republican candidate, filed an appeal with the Court of Appeals Sept. 17. That same day he filed an emergency motion for the Supreme Court to take jurisdiction because of the public importance at issue.

Justices declined those requests, refusing to take the appeal away from the appellate court at this point. The Court of Appeals then declined the expedited request, and denied Fine’s motion to dismiss.
 

Rehearing "Candidacy issues?" IL Sept. 15-28, 2010

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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