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Indiana attorney fights Alaska's merit selection

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A Terre Haute attorney has filed a federal suit challenging the merit-selection system in Alaska, arguing the state bar association has unconstitutional control over the judicial nominating commission and takes away the people's right to choose their judges.

Filed July 2 in the U.S. District Court for the District of Alaska, the complaint from two of Alaska's registered voters and a former judicial candidate alleges that their 14th Amendment right to vote is being violated by how the state's merit-selection system is set up. The complaint Hinger v. Carpeneti, et al., No. 3:2009-CV-00136, comes following the April announcement that Alaska Justice Robert Eastaugh is retiring Nov. 2 and the nominating council and governor must appoint a successor.

In Alaska, a seven-member Judicial Selection Council makes recommendations to the governor, who makes the final decision on a judge or justice. Of those seven members, the chief justice is the chair while three are non-lawyers appointed by the governor and confirmed by lawmakers, and three are lawyers appointed by the Alaska Bar Association's governing board.

The merit-selection system used in Alaska is similar to what's used in Indiana, with a few differences. The governor's three non-lawyer appointments must get legislative confirmation in Alaska, while that isn't required in Indiana. The Alaska Bar Association's governing board appoints the attorneys generally, while in Indiana lawyers in each of the three appellate courts' geographic areas choose a representative. Merit selection is also used for the Alaskan trial courts, where in Indiana it's used solely at the appellate levels and trial courts in Lake and St. Joseph counties.

In the complaint, Bopp argues that the plaintiffs are excluded from voting for a controlling majority of the bar association's governing board.

"While the Board of Governors may serve other functions that substantially and disproportionately affect only bar association members, in so far as the Board is given the power to select members of the Alaska Judicial Council, the election of Board members must comport with the requirements of the Equal Protection Clause," the complaint says. "Because it does not, the power exercised by the three attorney members of the council violates the equal protection clause with respect to Plaintiffs' right to vote."

The complaint and an accompanying injunction motion asks the District Court to declare the state constitution provisions unconstitutional, either on their face or as applied to the current impending vacancy. The motion also asks that the chief justice and remaining four members of the Alaska Judicial Council be stopped from following a requirement that a vote be unanimous among the remaining four members.

A copy of the full complaint and preliminary injunction motion are posted online at the James Madison Center for Free Speech.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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