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Legislators revisit vetoed merit-selection measure

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In the final days of the Indiana General Assembly session, as lawmakers pushed to finish and put final touches on the end-of-term business, a 2009 measure that divided the Hoosier legal community came back into play.

Lawmakers resurrected vetoed legislation that would not only scrap St. Joseph County's merit-selection system for nonpartisan judicial elections, but also add a new three-judge panel to the Indiana Court of Appeals.

For those in St. Joseph County who'd be directly impacted by this judicial selection change, they describe the last-minute legislative move as disappointing.

"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," said South Bend attorney Bill Jonas, the former Indiana State Bar Association president who led the opposition to this legislation last year. "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."

The House of Representatives on Wednesday put on its calendar House Enrolled Act 1491, which had been introduced in early 2009 by Rep. Craig Fry, D-Mishawaka, and passed both chambers before ultimately being vetoed by Gov. Mitch Daniels.

"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," the governor wrote.

He also explained 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 its own merits - 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," he wrote.

Almost a year later when the state's financial crisis has gotten worse and lawmakers have pressed for budget cuts and less spending at all levels, the House has brought the measure back for reconsideration. Nothing had happened on the measure by IL deadline.

A simple majority from both the House and Senate is needed for a veto override. Legislative staff and the ISBA 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, St. Joseph County Bar Association and others had strongly opposed 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 selection system for Indiana.

SJCBA president John Lloyd, a partner at Krieg DeVault in Mishawaka, echoed what his colleague Jonas said about the ill timing of the legislation.

"The (legislation) seeks to change a local court system that works and is based on a model that all serious analysts believe is the best way to select judges," he said, noting that a campaign contribution cap in the measure could be unconstitutional. "Worst of all is how there is no justification for wasting $2 million dollars for a Court of Appeals division that is completely unnecessary."

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

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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