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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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