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Senate gets St. Joe judges bill, with twist

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The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.

The legislation now addresses the selection issue, but also calls for creating a new, sixth panel for the Indiana Court of Appeals. That topic had been addressed by other legislation that has been passed by the Senate but hasn't received a House committee hearing, and will likely die in the coming week. Now, it has new life and would implement the new three-judge panel in 2011.

The Senate Judiciary Committee considered HB 1491 this morning and, after a 30-minute debate, voted 6-5 in favor of the legislation with the one appellate court amendment. The committee voted 7-4 to add that amendment. Three other amendments proposed during last week's committee meeting were withdrawn, including the one that would have made all Lake Superior judges be merit-selected rather than the hybrid merit/election system currently in place. This means the legislation now goes to the full Senate for consideration.

"We are sad about this vote and just feel so incredibly strong that this isn't right," said St. Joseph County Bar Association President Carl Greci, who opposes the bill along with colleagues and the Indiana State Bar Association. "We've been blessed for 35 years to have merit selection, and believe it's the best method to use for selecting judges."

Today, six senators voted in favor of it and five voted against it. All but two of the legislators supporting the change are attorneys. Voting against the bill were Sens. John Broden, D-South Bend; Tim Lanane, D-Anderson; Teresa Lubbers, R-Indianapolis; Lonnie Randolph, D-East Chicago; and Greg Taylor, D-Indianapolis.
In opposing the legislation, Taylor pointed out he was specifically against the Court of Appeals amendment being attached because he didn't feel the two were related and should be dealt with separately.

Sen. Richard Bray, R-Martinsville, the committee chairman who also chairs the summer interim Commission on Courts that had opposed the measure, cast the deciding vote. He hesitated and weighed the split before making his decision, then grimaced as he voted yes to pass it to the full Senate. After adjournment, the senator pointed to his opposition in the Commission on Courts but said he wanted all his colleagues in the Senate to have a chance to weigh the important issue and vote for or against it.

Broden, who is also a South Bend attorney, explained his vote.

"In my support of merit selection, I'm in no way suggesting any inferiority of elected judges. I support it on a fundamental belief in a free and independent judiciary," he said. "It's bodies like us who voice the will of the populous. We stand for elections and we hear the passions of the people and represent them. The judiciary is meant to be a check on that. People's passions aren't always looking out for the rights of other people, and courts must do that."

Explaining his vote in favor of the bill, Sen. Joseph C. Zakas, R-Granger, said it's obvious that the merit-selection method just hasn't caught on for trial courts since being implemented in Lake and St. Joseph counties more than three decades ago. People in those two counties have the most at stake and should be able to decide how to choose their judges.

Indiana State Bar Association President Bill Jonas, a St. Joseph County attorney, had spoken at the meeting and also was disappointed in the committee vote. The ISBA will continue advocating for merit selection, and he said a long-term effort for statewide merit selection might have to take more priority given this legislation's quick path through the legislature.

The Senate will likely take the bill up in the coming days, with a time for amendments possible before the third reading deadline on April 15. Since the bill has now been amended in committee, it would have to go back through the House voting process if approved by the Senate. If no agreement can be reached on the amended version, then a conference committee would have to negotiate before the April 29 legislative deadline for this session.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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