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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. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. 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?

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