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Common Cause, ACLU sue over Marion County judge slating

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The way Marion Superior judges are elected is unconstitutional, a suit filed Thursday by Common Cause and the American Civil Liberties Union of Indiana alleges.

“The failure of Indiana law to permit registered voters in Marion County to cast a meaningful vote for all seats on the Marion Superior Court violates the First Amendment” of the U.S. Constitution, according to the complaint filed in federal court in Common Cause v. Indiana Secretary of State, 1:12-CV-1603.

Common Cause, a nationwide nonpartisan group whose mission is to promote open, honest government and voting rights, seeks an injunction against enforcement of Indiana Code 33-33-49-13. The suit says that law, which sets forth the process for electing judges in the Marion Superior Courts, is “unique in Indiana, and perhaps in the nation.”

State law permits each of the major political parties to conduct primary elections to fill exactly half of the judicial seats, “which renders the general election a mere formality,” according to a statement from ACLU of Indiana.

“Voters in Marion County who do not cast a ballot in the primary election, therefore, have absolutely no say in electing judges to the Marion Superior Court. This process means that even people who do vote in the primary election have a say in only half of the judgeships to be filled,” the statement says.

The process of “slating” of Marion County Superior judge races has drawn criticism, since each candidate who earned the party’s endorsement on the primary ballot contributed identical amounts to the local party before each party’s slating convention that preceded the primary. For Democrats, the contribution was $13,100; for Republicans, it was $12,000, according to a review of campaign contributions earlier this year by Indiana Lawyer.

Julia Vaughn, policy director for Common Cause Indiana, said, “For too long the party bosses have controlled the judicial selection process in Marion County and denied voters any meaningful role in it. Marion County voters deserve the same opportunities as voters in other counties to elect judges of their choice. The judicial branch, as arbiters of the law, must be above reproach.”

ACLU of Indiana Executive Director Jane Henegar said, “We are especially mindful this close to the General Election that the right to vote is precious. Our democracy is premised on the right of each citizen to have a meaningful vote. Americans should never be forced to muffle their voices in our government for anyone’s convenience, least of all for political parties.”

The Indianapolis Bar Association earlier this year also resolved to push anew for reform of the Marion County judicial election and selection process.

Indiana Attorney General’s office spokesman Bryan Corbin said Thursday that the office had not been served, but that it would defend the suit.

“Whenever a private plaintiff attempts to sue the Secretary of State’s office in its official capacity, the attorney general represents that office in court. Our legal representation of our state government clients is required by statute,” Corbin said in a statement.
 

 

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  • Present System Doesn't Work
    I disagree. The public generally doesn't know anything about ANY candidates until an actual race begins. Same would hold for judicial candidates. At least give the public a chance to know the candidates.
  • Present system works
    The present system has served the public well. The public doesn't know who the judicial candidates are. The parties do.

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    1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

    2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

    3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

    4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

    5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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