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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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