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Editorial: State should avoid selection slugfests

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Indiana Lawyer Editorial

Indiana's lawmakers plan to look at judicial retention during this summer's study session. The Commission on Courts will study the current system and how voters get information about the judges who face such a vote. Three of our five justices are on the November ballot, as is our tax court judge, and one of our Court of Appeals judges. 
  
We'd like to see the average voter know more about our appellate courts. We know the high court is working to make information about the judges who are up for retention easily available to the average voter on the state's Web site, www.in.gov, and we applaud that effort. Once that's completed, we'd encourage our readers to let their hometown newspapers know about it to help spread the word. 
  
All our judges facing retention ought to be returned to the bench. We have a good thing going here in Indiana, and we're not the only ones who think so. We wrote in a recent post to our blog, First Impressions, about a conversation one of IL's reporters had not too long ago with Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court. She told us she keeps in touch with our Chief Justice Randall T. Shepard and often looks to Indiana for guidance and insight on various issues. It's something we've heard other jurists say when they talk about the civility displayed by our bench and bar. 
  
The retention issue for Indiana's appellate judges was fixed 40 years ago and does not need to be broken. In fact, we'd like to see a version of the state model replicated in trial courts. We've said it before, but it bears repeating; we're going to lose a great deal of judicial talent come the next election cycle because judges didn't play politics well enough or got outspent by an opponent. 
 
We hope the Commission on Courts will listen to the words of our chief justice and not let Indiana go the way of the "multi-million dollar special interest slugfests that are a common feature in our neighboring states and elsewhere in the country." It's no way to choose a judge.• 

Opinions: Readers may offer opinions concerning Indiana Lawyer stories and other legal issues. Readers may respond immediately by viewing the "submissions" section on our Web site, www.theindianalawyer.com.  We reserve the right to edit letters for space requirements and to reproduce letters on Indiana Lawyer's Web site and on online databases. We do not publish anonymous letters. Direct letters to editor Rebecca Collier at rcollier@IBJ.com or 41 E. Washington St., Suite 200, Indianapolis, IN 46204.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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