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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. 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.

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