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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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