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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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