Judge sets January hearing in Marion County judicial slating suit

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A federal judge has summoned attorneys for Gov. Mike Pence, Indiana Secretary of State Connie Lawson and members of the Indiana Election Commission to a pretrial conference in a lawsuit challenging the way Marion Superior judges are elected.

Magistrate Judge Debra McVicker Lynch issued an order last week calling together parties next month for an initial pretrial conference. The suit, brought by Common Cause and the American Civil Liberties Union of Indiana, seeks to declare unconstitutional the slating system used to elect Indianapolis judges.

In setting the conference, Lynch said counsel for named parties are expected to appear in person and “must have thorough knowledge of the case.” The judge indicated that their clients could attend, but were not required to do so.

Common Cause and the ACLU are challenging the “slating” system in Marion County. Under the slating system, the Democrat and Republican parties each nominate or slate judges to fill a fixed and equal number of judgeships that the law assures each party of filling. The complaint seeks to block future enforcement of I.C. 33-33-49-13.

“The failure of Indiana law to permit registered voters in Marion County to cast a meaningful vote for all seats on the Marion Superior Court violates the First Amendment to the United States Constitution,” the complaint says.

The system has been derided by many as corrupt. Those who earned their party’s blessing and were slated in 2012 also each gave generously to their respective parties, an Indiana Lawyer review of campaign finance records found. For Democrats, the contribution was $13,100; for Republicans, $12,000.

The conference is set for 10 a.m. Jan. 17 in room 227 of the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.

The case before Chief Judge Richard Young in the U.S. Court for the Southern District of Indiana is Common Cause Indiana v. Indiana Secretary of State in her official capacity, Individual Members of the Indiana Election Commission, in their official capacities, Governor of the State of Indiana, in his official capacity, 1:12-cv-1603-RLY-DML. Young in September dismissed the state’s motion to dismiss the suit.

“Although Indiana’s ballot access statute … has been found constitutionally adequate … the court is not convinced that the statute’s constitutionality with respect to a candidate’s access to the ballot applies here with equal force, where the claim is not ballot access, but whether a citizen’s vote in the general election matters,” Young wrote.



  • Not Slating
    Unfortunately the lawsuit is not about "slating." It's about the law that says that everyone who wins the primary wins the general election. Slating is pre-primary. There is a lot of problems with it but it's not an issue in the lawsuit.
  • Not Slating
    Unfortunately the lawsuit is not about "slating." It's about the law that says that everyone who wins the primary wins the general election. Slating is pre-primary. There is a lot of problems with it but it's not an issue in the lawsuit.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.