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Eliminating judges’ mandatory retirement to get hearing

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A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.

Senate Bill 124 removes the language requiring retirement at 75 and makes no other changes. The bill would not apply to current members of the courts; Article 7, Section 11 of the Indiana Constitution states: “Every such justice and judge shall retire at the age specified by statute in effect at the commencement of his current term.”

The committee also will hear:

  • Police text message searches: SB 156 would prohibit a police officer from taking information from a cell phone and retaining it as evidence pending trial for a violation of the law concerning typing, transmitting, or reading a text message while operating a motor vehicle without a warrant or probable cause to believe that the device was used to commit a crime;
  • Felon DNA database: SB 245 would require people arrested on a felony charge to submit a DNA sample for the Indiana DNA database. The bill provides for the expungement of a DNA sample for people cleared of felony charges;
  • Deputy AGs in D.C.: SB 36 would allow the attorney general to employ deputies in Washington, D.C., to monitor federal legislation and for other purposes; and
  • Judicial nominating: SB 103 would provide that the nonattorney members of the Judicial Nominating Commission be appointed by the governor from a list of recommended candidates submitted by House and Senate leaders of both parties. Those appointments currently are made by the governor alone. SB 103 also would reduce the time allowed a governor to appoint a Supreme Court justice or Court of Appeals judge from 60 days to 30 days.

The committee will meet at 9 a.m. Wednesday in Room 130 of the Statehouse.
 

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  1. 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

  2. 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.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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