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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.








 
 

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  • 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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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