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ISBA poll on judicial retention to be e-mailed

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A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.

The Indiana State Bar Association’s Improvements in the Judicial System Committee is e-mailing its poll to its members. The first poll will go out Friday, with a second being released Sept. 24 and the third being sent Oct. 1.

This is a confidential “yes” or “no” survey of the attorneys throughout Indiana, and the ISBA said results will be released publicly in early October.

This is the second time attorneys will receive the poll by e-mail rather than traditional paper ballots; the first time was in 2008, when three Indiana Supreme Court justices, one Court of Appeals judge, and the Tax Court judge were up for retention. About 8,000 members were polled two years ago, and nearly 1,500 cast ballots, translating to an 18.5 percent response rate, which overwhelmingly supported the jurists.

“Lawyers are uniquely qualified to evaluate members of the judiciary because we work with the judges and follow their actions and decisions all the time,” said Roderick Morgan, ISBA president and a partner at Bingham McHale in Indianapolis. “The anonymous comment section on the ballot provides an opportunity to offer comments and constructive criticism to a judge subject to the retention vote. Those specific comments can help a judge understand exactly what lawyers feel about the judge’s performance.”

Those facing retention this year are:

- Judge L. Mark Bailey: a former Decatur County judge who was appointed to the appellate bench in 1998 and retained in 2000. He represents the First District, which includes southern Indiana.

- Judge Elaine B. Brown: served on the Dubois Superior Court for a total 15 years before Gov. Mitch Daniels appointed her to the appellate bench in May 2008. This is her first retention vote after being initially named to the court, and she represents the Fifth District that includes the entire state.

- Judge Cale J. Bradford: served for more than 10 years as a Marion Superior judge before the governor elevated him to the appellate bench Aug. 1, 2007. He represents the Second District, which includes the central part of the state.

- Judge Melissa S. May: a former 14-year insurance defense and personal injury attorney in Evansville who was appointed to the Court of Appeals in April 1998 and then retained in 2000. She represents the Fourth District that includes the entire state.

- Judge Margret G. Robb: who was appointed to the appeals court in July 1998 by then-Gov. Frank O’Bannon, after 20 years of general practice in Lafayette and service as a bankruptcy trustee for the Northern District of Indiana, as well as service as a mediator and deputy public defender. She serves for the Fifth District that includes the entire state.

Full biographical information about each judge, as well as links to their appellate decisions and general retention election information, is available on the state judiciary’s website at www.courts.IN.gov/retention. The new site went online in June and mirrors the one created in 2008 after Senate President Pro Temp David Long urged the judiciary to provide more information about the retention process to voters.
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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