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Indy mayor wins redistricting battle

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The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.

In the fall of 2011, the Marion County City-County Council, which had a Republican majority, voted to approve a proposal creating Ordinance 61. That ordinance redrew the 25 districts for elections to the council beginning in 2015. Ballard signed the ordinance Jan. 1, 2012.

The ordinance was approved before a Democratic majority would take hold in the City-County Council beginning Jan. 1, 2012. Democratic Councilor Maggie Lewis filed a lawsuit against the Marion County Election Board, arguing that the ordinance failed to comply with I.C. 36-3-4-3, the county’s Redistricting Statute.

The dispute went before a divided panel of trial court judges, who held that the ordinance was passed too early to satisfy the Redistricting Statue. The judges drew new legislative districts and ordered Lewis and Ballard to equally split the cost of the master who was brought in to issue the final judgment.

The justices, in the per curiam decision, noted that both sides presented reasonable arguments about how the Redistricting Statute should be construed, and in particular, whether Ordinance 61 constitutes mandatory redistricting in 2012. The justices determined that it would be proper, as a matter of judicial restraint, to adopt the interpretation that avoids judicial line-drawing in what “is presumptively a matter for the legislative and executive branches of local government to address.”

“While recognizing Ordinance 61 as mandatory redistricting is just one reasonable construction of the Redistricting Statute, we adopt it because it allows legislatively adopted districts to remain in place and avoids the need for districts drawn by a court,” the opinion states.

The justices also noted that the disputed legal issue in this case is whether the City-County Council acted too early, but there is no allegation that the ordinance was substantively defective.

In addition to ordering summary judgment be entered in favor of Ballard, the justices reversed any order requiring him to pay part of the cost of the master.

The case is Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown, 49S00-1311-PL-716.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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