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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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