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Former justice discusses merit selection

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During a visit to South Bend today, former U.S. Supreme Court Justice Sandra Day O'Connor pushed a message that merit selection is the best way to ensure an independent judiciary, though her words come at a time when state lawmakers are close to scrapping that very system in the county she visited.

"I wish it were a happier occasion, because I feel we are celebrating a merit system that may be at its end in St. Joseph County," Justice O'Connor said.

She was referring to House Bill 1491, which proposes ending merit selection for judicial elections of Superior judges in St. Joseph County and is on the verge of passage by lawmakers.

What impact, if any, the former justice's visit could have on the legislation isn't clear but it must happen quickly.

The 25-minute speech entitled "The Importance of Judicial Independence and Our Courts" came at a luncheon sponsored by the St. Joseph County Bar Association. About 550 people attended to hear her speak.

As the first female justice on the nation's highest court, she served from 1981 until her retirement in 2006. Since leaving the Supreme Court, former Justice O'Connor has traveled the country promoting the virtues of an independent judicial branch and speaking in support of merit selection. Her comments in South Bend echoed the views she's expressed at law schools and bar events nationally: that electing judges undermines the independence of the judiciary, especially because of the role of money in the campaigns.

"Judges would be forced to balance the law on one hand and job security on the other hand," Justice O'Connor said. "Ignoring the judicial pressure of elections is like ignoring a crocodile in your bathtub."

She said misunderstanding is driving the modern attacks on merit selection and the legal profession needs to better educate youth on the judiciary's role.

"The only way to stop this onslaught in my opinion, county by county, legislature by legislature, is to build an informed citizenry who understands the role of our judiciary," she said.

Indiana State Bar Association president Bill Jonas was grateful that Justice O'Connor could visit the county, especially at this time.

"The game is not over. We'll play to the final whistle," he said referring to HB 1491.

The former justice's visit comes a week after the Indiana Senate voted 35-15 in favor of HB 1491, authored by Rep. Craig Fry, R-Mishawaka and sponsored by Sen. Ed Charbonneau, R-Valparaiso. The House had overwhelmingly supported the measure in February. State lawmakers were invited, but St. Joseph County Bar Association leaders weren't sure any attended because of the ongoing session.

Amended from its original form, the bill is now being hammered out in conference committee and could be forwarded to the governor for review by the April 29 deadline, if the originating legislative body agrees to the revisions that would create a new three-judge panel for the Indiana Court of Appeals.

Following her speech, Justice O'Connor answered a handful of questions from the audience. One person from Lake County said they were worried about the judicial election legislation and had worked to try to stop the bill at the House, Senate, and conference committee stages. He then asked the former justice what plan B should be?

"I don't know. You'll have to deal with that yourselves..." the former justice replied. "Maybe find some legislators that have a different view."

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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