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Justices block Schiralli’s Lake County bench transfer

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The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.

The justices unanimously held that Lake County’s merit-selection system prohibits Lake Superior Civil Court Judge Nicholas Schiralli from transferring to the juvenile division without going through merit selection first. Schiralli was appointed to the Lake County bench when a new court was created, but without first going through merit selection. His fellow judges in Lake County approved his transfer in February. Magistrates sued, claiming they were deprived a judgeship opportunity through the county’s merit-selection process.

“Indiana Code section 33-33-45-21(e) (The Lake County merit-selection statute) prevents the Judges from reassigning, transferring, or rotating Judge Schiralli from the County Division to the Juvenile Division. However, this prohibition does not preclude him from applying to be appointed, under the merit-selection process in Indiana Code section 33-33-45-38, to fill a vacancy in the other divisions of the court,” justices wrote in a  per curiam opinion.

Lake County magistrates had sought to permanently bar judges from transfer without first going through a merit-selection process, but the court denied that motion in State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al., 45S00-1303-OR-209.

“The Court denies the Magistrates’ request for a permanent writ that would more broadly prohibit any current Judge from being transferred or reassigned to the Juvenile Division,” the court ruled. “This opinion is final. No petitions for rehearing or motions to reconsider shall be filed.”

The court also dismissed the judges’ argument that the county’s merit-selection statute was unconstitutional and held that local court rules may not contravene the statute.

Read previous IL coverage of the Lake County bench dispute.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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