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Expedited hearing to be sought after justices again deny transfer

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The attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request for transfer.

Michael W. Back of Crown Point told Indiana Lawyer this morning he plans to file for the expedited hearing with the appeals court on behalf of his client, Michael J. Lambert. A Republican and Winfield Town Council member, Lambert is challenging the candidacy of Highland attorney William I. Fine because Lake County Republican Party chairman Kim Krull named Fine the party’s candidate for Lake Circuit Court. Judge Lorenzo Arredondo decided not to seek re-election and leaves the bench at the end of this year.

“The Republican County chair exceeded her authority,” said Back, who added that his client wants only for the state Republican Party rules to be followed, meaning that the party would have conducted a caucus to determine the candidate.

No one from the Republican Party ran in the primary. Merrillville Town Judge George Paras won the Democratic primary.

Time is of the essence because of the Nov. 2 election, Back acknowledged. He also recognized that if they succeed in essentially having Fine’s candidacy nullified, that Lake County voters will have only one choice.  

“If he, Mr. Fine, really had an interest in this office, he should have run in the primary,” said Back.

After Fine was put on the ballot in late May, Lambert filed a challenge, which led to the Indiana Election Commission’s deadlocked vote of 2-2, meaning Fine “lost,” Back said. Then, Fine filed in Marion Superior Court to challenge the jurisdiction of the state election board.

That’s nonsense, said Back, adding,  “That’s their job. I just find that a very interesting twist.”

“From our perspective, it’s critical – especially in Lake County – that the election process is properly followed,” said Back. “If it’s not, it taints the election.”

The Indiana Supreme Court twice this week denied motions to accept jurisdiction over Michael J. Lambert v. William I. Fine, No. 49A04-1009-PL-00556. On Sept. 17, the appellants filed an emergency Appellate Rule 56(A) motion for the high court to accept jurisdiction over the appeal from Marion Superior Court. The Supreme Court denied that motion Tuesday, noting the appellate jurisdiction remains with the Indiana Court of Appeals. Lambert filed a renewed emergency Appellate Rule 56(A) motion that same day, and the justices denied the request Wednesday afternoon.

Marion Superior Judge Michael Keele had reversed the election commission decision Sept. 13 and granted a temporary restraining order and late last week issued a final order that stops the state from keeping Fine off the ballot. Judge Keele noted that no basis in law exists to interpret state party rules in a way to override a statute and that the election commission doesn’t have the subject matter jurisdiction to endorse state party rules, let alone at the expense of a statutory grant of power to a county chair.

There has been no ruling on Fine’s motion to dismiss.
 

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

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