Editorial: Election Day 2010 provides cause for concern

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Indiana Lawyer Editorial

Years ago we were a little bemused when we first heard a judge on the Court of Appeals who happened to be facing a retention vote worry aloud that remaining on the bench may not be such a sure thing.

We were acquainted enough with this particular judge’s legal work to believe that this judge had nothing to fear, and yet it was plain that this jurist’s words were not mere lip-service and an attempt to sound “humble.” We learned of no campaign aimed at turning this judge out of office, and of course the judge was retained.

This particular judge worried aloud again during the most recent election cycle about remaining on the bench, again in spite of no organized effort to turn the judge out of office.

But one need only look outside Indiana’s borders to glimpse the sort of goings on that give reasonable people a reason to feel anxious about the state of judicial elections in general and merit selection in particular.

All five COA judges were retained by large margins, and all five trial judges in the Lake Superior Court and the one St. Joseph Superior Court judge were all kept on the bench.

Yet merit selection is no guarantee that sanity and reason will always prevail.

Look to the west, where three of Iowa’s justices were turned out of office after a retention vote on Election Day 2010. The three justices on Iowa’s Supreme Court were targeted by groups seeking to oust them after the high court there in 2009 unanimously ruled in the case that cleared the way for same-sex couples to marry under state law.

Or look directly north to Michigan, where in spite of running “non-partisan” judicial elections, Republicans are said to have gained control of the Michigan Supreme Court with a 4-3 majority.

Or look immediately to the west to Illinois, where the chief justice was forced to undertake a brisk campaign to keep his seat on the bench after becoming targeted by interests seeking to portray him as soft of crime, and other groups seeking caps on jury awards in malpractice cases.

We firmly believe in the right to free speech and the rights of citizens to express their displeasure with their judges. But to be frank, we find the prospect of witnessing the members of our appellate court filling the trunks of their cars with campaign materials to distribute as they dash across the state to lobby to keep their seats on the bench a bit nightmarish.

We have it on reasonable authority that an attempt to turn back judicial merit selection will not be put forth during the coming session of the Indiana General Assembly.

Given the election cycle we’ve just witnessed, we’re not putting much faith in that proclamation.•


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.