Judicial slating near death?

November 7, 2012
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With legal challenges and a new push from the Indianapolis Bar Association pending, is this a signal that the way judges in Marion County have been chosen since the 1970s is about to end?

In August, the Indianapolis Bar Association announced it will push to reform the judicial election and selection process in Marion County. Marion Superior judges are selected in a unique way – so unique that it’s believed to be the only process like it in the country.

Trying to explain the process to people not from Marion County can lead to puzzled looks. Through a slating process, the Republican and Democratic parties choose an equal amount of candidates from the respective parties to put on the primary ballot. Those who aren’t slated by a party can run against the slate, but they don’t have the weight of a political party backing them.

The way the system is set up, though, leads to the judges essentially winning once they make it through the primary election, because there are exactly the same number of judicial positions as candidates running from the two parties. You can pick up to 20 judges, according to the instructions on the ballot, and the ballot conveniently lists 10 Republicans and 10 Democrats. The only way one would lose in the general election is if the candidate didn’t get a single vote.

In an unsurprising result, all the candidates were re-elected Nov. 7.

A lawsuit filed Nov. 1 by the ACLU of Indiana on behalf of Common Cause argues this setup doesn’t allow Marion County residents to “cast a meaningful vote” because the general election becomes a “mere formality.” The lawsuit seeks an injunction against enforcement of the law that spells out of how Marion Superior judges are elected.

The debate on slating has been going on for years. The process took hold in Marion County following the Watergate scandal in the 1970s. I’ve never understood how people can say the process is the right one for Marion County because the election is pretty much won during the primaries. Some people choose not to vote in the primaries because they don’t want to declare a political party in order to do so.

Those who run against the slate are at an obvious disadvantage since they don’t have the money or backing of their party. Five political candidates – including three from Marion Superior Court – filed a lawsuit in April claiming they were illegally denied access to public information in the Marion County Board of Voter Registration’s database.

There have been other lawsuits and inquiries into the slating process recently.

Does all this attention on the Marion County election process mean there is enough support to encourage legislators to change how judges take the bench in the county? What are the arguments for the current system and why should it be changed?

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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