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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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