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IBA: Board Approves Judicial Reform Resolutions

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The Indianapolis Bar Association Board of Directors approved two resolutions related to the judicial system in Indiana at its July meeting on Friday, July 13.

The first resolution amended the purpose of the IndyBar’s Attorneys for an Impartial Bench (AIB) Standing Committee, which was converted to a standing committee from its status as a political action committee by a previous action during the board meeting.

AIB was created by a Board Resolution passed in 2010 in response to concerns raised by the U.S. Supreme Court Caperton decision addressing the issue of judicial campaigns and the appearance of impropriety that may arise as a result of attorney contributions. The stated purpose of AIB at that time was to receive and distribute voluntary contributions to judicial candidates for the Marion Circuit and Superior Courts, providing IndyBar members with an alternate method of supporting judicial campaigns.

Based on meetings conducted and input solicited from other interested parties, AIB Officers and its Executive Committee determined that the usefulness of AIB was much broader than the purpose approved at the time of its creation. Thus, it was recommended to the Board of Directors that AIB’s purpose be amended to include the broader goal of using AIB as a mechanism to truly achieve Attorneys for an Independent Bench by all manners approved by the IndyBar Board of Directors. This resolution was unanimously approved by the board. As a result of the amended purpose, AIB will no longer collect or distribute contributions.

The second resolution approved by the Board of Directors solidified the bar’s support of judicial elections issues reform, authorizing the President or selected designees to continue to advocate for needed reform to the Marion County judicial election and selection process.

The process by which the judiciary in Marion County is presently selected and/or elected has been the subject of ongoing criticism and controversy and has been studied by the IndyBar on several occasions. Historically, the IndyBar passed a Resolution on Merit Selection in 2005, authorizing a task force to facilitate a merit selection bill in the Indiana legislature. In 2009, the IndyBar conducted a survey in which 83.4 percent of members participating indicated that they favored a nonpartisan merit selection and retention election system in Marion County over the current slating and election system. Further, in 2010, AIB was formed as noted above.

Most recently, on April 11, 2012, the Judicial Qualifications Commission issued an opinion stating that the practice of imposing a slating fee on judicial candidates in Marion County was deemed to be in violation of the Code of Judicial Conduct. As the approved resolution notes, “this practice is but one component of the system by which partisan politics influences the selection of the Marion County judiciary.”

As a result of this approved resolution, the bar will focus on facilitating dialogue related to both short- and long-term solutions designed to implement a better system for selecting Marion County judges, as well as seeking the repeal or reform of the current slating fee practice. All actions related to this effort will be subject to approval by the Board of Directors.•

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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