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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

    2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

    3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

    4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

    5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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