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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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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