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Judicial candidate put back on ballot

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Indiana Lawyer Rehearing

A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.

Marion Superior Judge Michael Keele on Sept. 13 and 23 granted both the restraining order and preliminary injunction putting judicial prospect William I. Fine back on the Nov. 2 ballot. Fine is the Republican candidate for the seat being vacated at year’s end once Lake Circuit Judge Lorenzo Arredondo retires. Merrillville Town Judge George Paras won the Democratic primary in May. No Republican was on the primary ballot, so county party chair Kim Krull in June named Fine to fill that vacancy.

But some questioned his candidacy based on the party chair’s ability to name a candidate herself rather than conducting a caucus as the party rules stipulate. On Sept. 2, the four-member Indiana Election Commission couldn’t reach a decision and deadlocked with a 2-2 vote, meaning Fine was removed from the ballot unless a court action said otherwise.

At that hearing, Fine’s counsel wanted the commission to deny the challenge outright because they didn’t believe the state board had jurisdiction to decide the matter because it was a party-rule issue. An attorney for Michael Lambert – one of several people who are challenging how Fine was chosen – questioned the Republican Party rules and state statute allowing that to happen without a party caucus.

Represented by Indianapolis attorney David Brooks, Fine appealed in Marion County where the state commission is based. Judge Keele granted the order because absentee ballots needed to go out in mid-September and this litigation could put Fine in danger of not being included on the ballot.

Specifically, Judge Keele noted in his TRO ruling that no basis in law exists to interpret state party rules in a way to override a statute and that the election commission doesn’t have the subject matter jurisdiction to endorse state party rules, let alone at the expense of a statutory grant of power to a county chair.

At the Sept. 23 hearing, Fine said that Judge Keele granted the preliminary injunction and planned to issue a written ruling once the parties submitted their proposed findings.

Lambert – a Winfield Town Council at-large member who wanted a party caucus to give others a chance to be on the ballot – filed a notice of appeal Sept. 17 and that remained pending as of IL deadline. That appellate case is Lambert v. Fine, No. 49A04-1009-PL-00556.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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