ILNews

Lawmakers mull veto override on merit selection

Back to TopCommentsE-mailPrintBookmark and Share

Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.

The Indiana General Assembly during its final week revived House Enrolled Act 1491, which was passed by both chambers during the 2009 session but later received a veto from Gov. Mitch Daniels. Introduced by Rep Craig Fry, D-Mishawaka, the act would have replaced merit selection with nonpartisan elections in the St. Joseph Superior Courts, one of two systems statewide that currently use that selection method. It would also have created a sixth appellate panel starting in 2011.

Last year, the governor wrote a veto message supporting merit selection and refusing to interfere with that process that's been in place for more than three decades in St. Joseph County.

"It is a model to be emulated, not discarded. It is not broken; it requires no repair. It has produced outstanding jurists and contains sufficient measures of public accountability. I believe it neither necessary nor wise to re-politicize the courts of St. Joseph County," he wrote.

He also wrote that it would be tough to justify the $2 million yearly cost for a new appellate panel, given the current fiscal challenges, but that the proposal should be considered on the merits on its own - not attached to the merit-selection change.

"Moreover, if I were to sign a bill linking these two proposals, it could contribute to public cynicism by creating the appearance that my acquiescence was purchased with more appointments. Whatever the merits of expanding the Court of Appeals may be, they should be considered alone."

The House put the measure on the calendar for Wednesday but it didn't get any action before representatives adjourned until Thursday afternoon - nothing had happened by IL deadline. A simple majority from both the House and Senate is needed for a veto override. Legislative staff and the Indiana State Bar Association expected it would get more attention before the session ends March 14.

ISBA legislative counsel Paje Felts said she wasn't surprised by the quiet reintroduction of the act during the final days of the session, but that she and others in the legal community had hoped it wouldn't be brought back for consideration.

ISBA, Indianapolis Bar Association, and St. Joseph County Bar Association were among the organizations to come out strongly against changing the selection system in St. Joe, fearing that a shift there would lead to a change in Lake County where merit selection and retention are also used. The topic is controversial at every level, and late last year the Judicial Conference of Indiana proposed adopting a statewide merit-selection system. That move hasn't gotten support from the Indiana Judges Association, which says there isn't enough consensus statewide and in the largest areas like Marion County on how to move toward a unified judicial selection system for Indiana.

In South Bend, attorney and former ISBA president Bill Jonas said he was disappointed in how this legislation was brought back.

"I find it discouraging and more than a little cynical that this would surface at the end of the session when it could be hidden or lost in the shuffle of end-of-term business," he wrote in an e-mail. "It's even harder to believe when analysts say that the new appellate court panel is unnecessary, and that it would cost more than $2 million annually. It doesn't make sense to me to be spending that kind of money when we're laying off teachers and slashing funding for higher education."

Check http://www.theindianalawyer.com for updates on this story.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT