ILNews

Indiana attorney is still battling merit-selection in courts

Back to TopCommentsE-mailPrintBookmark and Share

A Terre Haute attorney has been dealt another blow in his national effort to challenge judicial merit-selection systems in favor of popular elections.

On Wednesday, a federal judge in Kansas tossed a suit filed in August by Indiana attorney Jim Bopp on behalf of four residents challenging that state’s system of choosing judges through an attorney-citizen nominating commission – a system similar to what the Hoosier judiciary uses to select its appellate judges. The plaintiffs claimed the system is unconstitutional because it gives lawyers too much power and violates the voting rights of other residents.

The suit challenges the nine-person nominating commission that fills vacancies on the Kansas Supreme Court and state appellate courts, and in which lawyers elect five of those nine positions.

In a 13-page order in Robert Dool, et al. v. Anne Burke, et al., No. 10-1286, U.S. Judge Monti Belot ruled that the court recognizes this a “hot topic” brought by Bopp and some of the same parties looking to replace merit selection with popular elections or appointments by elected officials.

“It is not this court’s job to weigh in on the debate except to point out that Kansas voters approved the present system and the absence of evidence that Kansas’ system has not worked and will not continue to work to ensure that qualified individuals are appointed to the Kansas Supreme Court and the Kansas Court of Appeals,” he wrote.

He noted in a footnote that Kansas voters retained all four justices of the Kansas Supreme Court up for retention by margins of 60 percent or better on Nov. 2.

The judge in September had rejected a request by the plaintiffs for a preliminary injunction, refusing to block Kansas from filling a vacancy on its highest court.

Bopp has also challenged the merit-selection system in Alaska with a similar suit challenging that system in place for the appellate and trial courts. 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.

A federal judge in the District of Alaska last year tossed out that suit, and now Bopp is asking for an appellate rehearing after the 9th Circuit Court of Appeals on Sept. 30 affirmed the dismissal. That suit is Kenneth Kirk, et al. v. Chief Justice Walter Carpeneti, et al., No. 09-35860. The appellate court hasn’t ruled on that rehearing request filed Oct. 14.

Similar federal court challenges haven’t been raised about the Hoosier system, though some lawmakers have in recent years targeted the selection systems and tried unsuccessfully to change how the appellate or trial courts operate in choosing judges. Most of the Indiana trial judges face some type of election, though Lake and St. Joseph Superior courts are the only ones who use a nominating commission and retention system. Efforts to overturn those methods have gained steam recently, with lawmakers last year voting to change the St. Joseph system but Gov. Mitch Daniels vetoing that move and upholding merit selection.
 

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. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT