ILNews

Lake Circuit candidate can stay on ballot for now

Back to TopE-mailPrintBookmark and Share

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

Marion Superior Judge Michael Keele signed an order Monday 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 ballot 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. The four-member Indiana Election Commission on Sept. 2 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 and someone else having a chance at the ballot spot.

Represented by Indianapolis attorney David Brooks, Fine appealed late last week in Marion County where the state commission is based.

In a four-page order, Judge Keele determined that immediate action was needed because the local election board will be mailing the absentee and early ballots this week. Fine has a “reasonable likelihood of success on the merits” but likely wouldn’t be able to have a hearing on this matter before that ballot deadline, so he’s without any adequate remedy of law and this restraining order is warranted, the judge ruled.

Specifically, Judge Keele noted 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.

“The injury to Petitioner in removing his name from the ballot in violation of Indiana and Federal law outweigh the potential harm to the IEC or Lambert resulting from the granting of a temporary restraining order and a preliminary injunction,” Judge Keele wrote, noting that the public interest would be best served by granting both.

A consolidated hearing on Fine’s request for a permanent injunction and declaratory relief to remain on the ballot has been set for 2:30 p.m. Sept. 23.

In response to questions from Indiana Lawyer, Fine wrote that he’s confident his appeal will succeed on the merits and that the state commission doesn’t have the authority to keep him off the ballot.

“Allowing such an intrusion into the political process is inconsistent with rights contained in both the U.S. and Indiana Constitutions,” he said in an e-mail. “The actions taken by the Lake County GOP and its Chairman were entirely appropriate and were consistent with longstanding Indiana law and a proper reading of the Indiana Republican Party Rules. A strong two party system is healthy for a vibrant, diverse community like Lake County and I am proud that our voters will have a choice as to who is elected their next Circuit Court judge.”
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT