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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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