Talk of reform and recusal

November 5, 2008
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From IL reporter Michael Hoskins:

Indiana Chief Justice Randall T. Shepard took some time Wednesday following Election Day to talk with about 60 people about local government reform. He spoke at the North United Methodist Church in Indianapolis about his work last year on the Indiana Commission on Local Government Reform, which issued a report calling for sweeping statewide changes in how the system is setup. The chief justice pointed out that our Hoosier state has 2 percent of the nation’s population, but accounts for 8 percent of its governance and that most people don’t know all their local officials. One point he discussed was about public safety, particularly how a mixture of full-time and volunteer fire departments throughout the state duplicate services and aren’t the most efficient or cost-effective option for residents. “This is not a commentary on the people, but on the structure of the system in which they belabor,” he said.

Interestingly, that issue of local government reform that he spoke about is one that is currently before the Indiana Supreme Court, at least in the form of a transfer petition. A Nashville attorney challenging a countywide fire protection district that his clients say was created illegally wants the high court to take the case, and is asking the state’s top jurist to recuse himself from it because of his involvement with local government reform efforts. That case is Ronald Sanders, et al. v. Board of Commissioners of Brown County, et. al, No. 07A01-0803-CV-00104 and follows a September ruling from the Court of Appeals allowing for the district’s creation under the Home Rule Act.

But now, given the chief justice’s advocating for this type of consolidation where necessary, it begs the question of whether the chief justice should recuse himself from this case and any similar ones that could come before the court in the future. While he’s likely able to distinguish between both roles, questions of public perception can sometimes be just as weighty as the administration of justice itself. No decision has been made yet on the transfer request or the recusal question, according to the appellate clerk’s docket.
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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