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Legislator wants elected high court jurists

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One Indiana legislator wants to make changes to the state's highest court, including how the jurists are seated. Rep. Craig Fry, D-Mishawaka, is sponsoring a House Joint Resolution that would require Indiana Supreme Court justices be elected instead of appointed and retained.

HJR 9, new this year, proposes several changes to the Supreme Court. Other members of the high court would appoint the chief justice instead of the Judicial Nominating Commission. The governor would fill a vacancy on the Supreme Court with a judge from the Indiana Court of Appeals to serve out the remainder of the term. The number of justices would be capped at five as opposed to the current option for up to nine total justices.

Perhaps the biggest change suggested in the legislation is that the justices would be elected by the general public to a 6-year term. The General Assembly would divide Indiana into three districts, and one justice would be elected by the voters of those districts. Two justices would be elected by all voters statewide

The legislation comes at a time when several bar associations have spoken out in support for the continuance and expansion of merit-based selection of judges on the appellate and trial levels. In a Q&A with Indiana Lawyer in 2008, Chief Justice Randall T. Shepard and Justices Theodore Boehm and Brent Dickson spoke in favor of the current merit selection and retention system in Indiana, saying it attracts quality candidates and prevents the political fights common in other states.

Rep. Fry also has proposed House Bill 1491 which would require St. Joseph Superior Court judges to be elected as opposed to the current merit-based selection and retention system in place there.

HJR 9 was referred to the Committee on Courts and Criminal Code this week. The proposed amendment has to be voted up in two consecutive legislative sessions, and then ratified by a majority of the state's voters before it would become law.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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