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No vote yet on St. Joe judges bill

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An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.

But after two hours of debate and only one of four proposed amendments offered up for discussion, committee chair Sen. Richard Bray, R-Martinsville, withdrew House Bill 1491 from the table and opted to postpone it for future discussion at its next meeting in a week.

Authored by Rep. Craig Fry, R-Mishawaka, the bill sets up non-partisan elections every six years. While not in the original bill, the amended version passed by the House in February also restricts and caps campaign contributions of any judicial candidate; it prohibits a Superior judge candidate from receiving any money from a political party or political action committee, and bans them from getting more than $500 from one person, $1,000 from any two or more people from a single law firm, or more than $10,000 in total contributions.

Fry didn't attend the hearing, and Rep. Ryan Dvorak, D-South Bend, spoke to the committee in his place supporting the bill. He told committee members that "an overwhelming number" of residents want the change so they can be treated equitably because 90 Indiana counties use elections to choose judges, and that elections would provide more accountability.

Leo Blackwell with the Indiana State Fraternal Order of Police testified in favor of the bill and said he'd heard from members that the local police and prosecutor have led this effort because they feel St. Joseph judges' sentences are inconsistent. He told a committee member that sentencing should be done on a case-by-case basis, but that judges also need to listen to the will of people in making these decisions.

Several committee members voiced support generally for wanting judges to be chosen by voters rather than by appointment following the merit selection process. Lawmakers tiptoed around the issues of home rule and also of favoring one type of selection method over another, fearing that it could be read the wrong way that the legislator doesn't support elected or merit judges.

Several groups spoke in opposition to this bill, including the St. Joseph County Chamber of Commerce, local League of Women Voters affiliate, Indiana and St. Joseph County bar associations, and the local judiciary.

"It's not broken for us," said ISBA president Bill Jonas, who's been practicing law in St. Joseph County since 1981. "Judges are umpires who have to be able to call balls and strikes based on whether the pitch is over the plate .... Without regard to who the batter or pitcher is, or the opposing managers are."

After discussing HB 1491 for more than an hour, Bray noted that four amendments were being proposed and began reading the first. That proposal essentially took the form of Lake County-focused legislation that had died in committee earlier this year; that bill by Rep. Linda Lawson, D-Hammond, proposed changing the northwest county's current system using both election and merit selection so that all Lake Superior judges are merit selected and retained. All the county's Superior judges are merit selected, except for four county division Superior judges who voters must elect.

That amendment sparked a new debate of its own, with committee members, fellow legislators, and bar associations urging the Judiciary Committee to not confuse the two counties' issues into one piece of legislation. The other three proposed amendments were not detailed during the public meeting and aren't yet accessible.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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