ISBA calls out the Gov

September 21, 2009
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The Indiana State Bar Association wants the governor to know it didn’t appreciate his comments regarding the Court of Appeals’ ruling on our voter ID law, so it issued a statement late Friday afternoon.

It’s short and to the (polite) point: Gov. Daniels and anyone else can disagree about the ruling, but making disparaging comments about individual judges isn’t the way to go.

Here’s a snippet of the release in case you haven’t seen it:

“While the Indiana State Bar Association (ISBA) recognizes that Gov. Daniels has championed the cause of judicial independence, the State Bar is nevertheless compelled to emphasize that comments such as those attributed to the governor are not helpful in advancing appropriate respect for the courts and the judicial process, and honoring the separation of powers doctrine.”

The governor said after the ruling it was an “act of judicial arrogance” and said he expected the ruling to be overturned because the authoring judge (Judge Patricia Riley) has been reversed before. He also claimed the ruling was transparently partisan.

His reaction to the ruling has been transparently partisan.

The majority of the Court of Appeals judges sitting on the bench right now were appointed by previous Democratic governors; that’s not to say all are Democrats. If someone he appointed made this decision or if it was made by a known-Republican, would Daniels still be crying foul?

For a governor who made me happy with his veto to a bill that would have made Court of Appeals judges run for election, I question how he can stick his nose into this judicial decision with these types of comments. It’s one thing to say you’re disappointed in the ruling and plan to appeal; it’s another to call out the authoring judge and say her decision will be a “footnote to history eventually.” Never mind the fact the decision was unanimous. Gov. Daniels hasn’t called out Judges Paul Mathias or James Kirsch that I’ve read or heard.

The controversy surrounding this ruling could be more fodder for politicians who want to elect appellate judges. It also shows that even with the appointment process (a committee selecting nominees for the governor to choose), politics inevitably will arise.

What’s your take on the ISBA’s statement or the governor’s comments? Should Gov. Daniels have kept his mouth shut or was it a breath of fresh air to hear a politician say exactly what’s on his mind?
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  • When judges get political, they can expect political criticism. Especially, when they legislate. As a forty year member of the Bar and of the ISBA, I resent the implication that
  • I find it interesting that anytime a judge hands down a decision that goes against the beliefs of the Republican party, Republicans quickly cry afoul and accuse the judge of legislating from the bench -- as if it\'s impossible that a judge could decide a case that goes against their beliefs without any political motive. Grow up!

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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