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Judge rejects interlocutory appeal in Marion Superior judiciary challenge

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A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.

Chief Judge Richard Young of the District Court for the Southern District of Indiana on Thursday denied the state’s motion for interlocutory appeal of the court’s September denial of a motion to dismiss.

Young’s September order allowed a lawsuit filed last year  by Common Cause and the American Civil Liberties Union of Indiana to go forward. The suit seeks an injunction against enforcement of Indiana Code 33-33-49-13, the process for electing judges in the Marion Superior Courts. The suit claims the system is “unique in Indiana, and perhaps in the nation,” assuring Democrats and Republicans an equal share of judgeships.

The process allows the parties to “slate” candidates during the primary election with candidates who’ve provided donations to the parties. The suit claims the slating process deprives voters an opportunity to cast meaningful ballots during general elections.

Young on Thursday rejected state objections to his order denying a motion to dismiss the case. In refusing to certify the interlocutory appeal, he said the state’s concerns about lengthy discovery and costly pre-trial preparation were unpersuasive.

“This case involves a constitutional challenge to a state statute which governs the manner in which judges are elected to the Marion Superior Court. As such, any discovery that will be required will be limited and easily completed. And, once discovery is completed, this case will most likely be decided on summary judgment,” Young wrote.




   

 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. 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

  5. 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.

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