ILNews

House committee split, justice election bill stuck

Back to TopCommentsE-mailPrintBookmark and Share

Legislation aimed at changing how the Indiana Supreme Court justices are chosen hasn't gotten enough support to make it out of committee for now, getting a split vote from lawmakers that means it won't be going to the full House for consideration.

The Government and Regulatory Reform Committee added to its agenda this morning House Joint Resolution 9, which would amend the state's Constitution to require that justices be elected instead of being chosen based on merit and later retained by voters. Rep. Craig Fry, D-Mishawka, proposed the resolution in January to put the makeup of the high court in the public's hands and provide more accountability.

Currently, the seven-member Indiana Judicial Nominating Commission chooses state appellate judges through a merit-selection process and submits finalists' names to the governor, who makes the final decision. Voters can then cast ballots periodically after that to retain or boot that judge. The system's been in place since 1971, and two counties - St. Joseph and Lake - followed suit for Superior judges in 1973.

As detailed in HJR9, the General Assembly would divide Indiana into three districts, with one justice being elected by voters in each of those jurisdictions and two justices being chosen by all voters statewide.

Fry's measure was originally referred to the Committee on Courts and Criminal Code, but was reassigned to the reform committee on Thursday and added to the agenda this week.

But by a 5-5 vote, the legislative committee has voted not to send the measure to the full House at this point. Two members were absent and didn't vote, while at least two voting that it move on pointed out they weren't opposed to merit selection and might vote against HJR9 on the floor. The deadline for committee action is Thursday.

Three people testified before the committee against the measure - Indiana State Bar Association legislative counsel Paje Felts, Terre Haute attorney Stephen Williams who sits on the Judicial Nominating Commission, and Indianapolis attorney Tom Schultz who is president of the Defense Trial Counsel of Indiana.

Felts told lawmakers that the ISBA helped change the system decades ago, and that Indiana is looked to as a national model of how to put justices on the bench.

Williams focused on the nominating commission end, while Schultz told lawmakers that changing the selection system could have a negative impact on the economy because businesses might not want to locate to a state where multi-million dollar judicial elections are being held.

Committee chair Rep. John Bartlett, D-Indianapolis, voted in support of sending this resolution to the full House for consideration because it's controversial and should be discussed, whether the merit selection system works or not.

"This is a time of transparency and accountability, and it's extremely important that taxpayers.... be able to have a say," he said.

Rep. Phil Hinkle, R-Indianapolis, recalled visiting another state back in the 1970s and seeing television coverage of 18 prosecutor candidates being interviewed - full of negative ads and indications of large amounts of money being raised.

"We start having mudslinging and it's going to hurt the quality of our candidates," he said. "I don't see why we'd go there."

Before voting against the resolution, another lawmaker said, "I don't want a Democrat judge or a Republican judge; I just want a judge."

Rep. Mara Candelaria Reardon, D-Munster, and Rep. John Barnes, D-Indianapolis, both indicated that while they wanted more discussion by lawmakers, they'd likely vote against the measure if it reached the full House.

Since it's a constitutional amendment, HJR9 would have to be voted on in two consecutive General Assembly sessions and then ratified a majority of state voters before it would become law.

While Fry's resolution hasn't gotten enough committee support, another of his proposals - House Bill 1491 that calls for electing St. Joseph Superior judges - has momentum, making it out of committee unanimously and the House voting 88-3 in favor of it on Feb. 12. The bill has gone on to the Senate for consideration, with Sen. Ed Charbonneau, R-Valparaiso, signing on as a sponsor.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

ADVERTISEMENT