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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.