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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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