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Senate OKs COA panel, St. Joe judge elections

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 The full Senate voted today in support of legislation scrapping the St. Joseph Superior judge merit-selection system for judicial elections, and also creating a new panel for the Indiana Court of Appeals.

A 35-15 vote came after a 40-minute Senate floor debate starting just after noon, bringing up heated discussion for and against House Bill 1491. But the discussion ended on a note that now sends the amended bill back to its originating legislative body for consideration.

Sen. Ed Charbonneau, R-Valparaiso, introduced the legislation as a "very simple and straightforward" bill calling for both judicial accountability and a "need that's been recognized for a long time." The bill authored by Rep. Craig Fry, R-Mishawaka, sets up non-partisan elections every six years for the county's eight Superior judges who are currently chosen by a merit-selection process and later retained by voters. The bill also restricts and caps campaign contributions of any judicial candidate, and last week it was amended to establish a new appellate panel starting in 2011.

A divided Senate Judiciary Committee voted on April 8 to amend the bill, then voted 6-5 to send the legislation to the full Senate. The bill got approval earlier this week and was set for final vote Tuesday, but got pushed back to today because of the heavy legislative calendar.

Indiana Court of Appeals Chief Judge John Baker met briefly with senators on Tuesday, sharing that the appellate court's statistics show the number of cases the court handles is down so far this year. He said the new COA panel being tied to legislation that would end merit-selection in St. Joseph County is a concern, and that the Indiana Judges Association supports the current method used there. He also said it's up to the lawmakers to decide whether it should happen.

Some senators questioned the intent of lumping both issues together, saying it isn't consistent to advocate on one page that judges be elected and on another that the state pay for three new judges to be merit-chosen and retained. Sen. Lonnie Randolph, D-Gary, a judiciary committee member who'd opposed the bill previously, said he is troubled by the two issues being combined, particularly at this time.

"We're trying to fix a problem that doesn't exist," Randolph said of an additional Court of Appeals panel. "At a time when we have a budget crisis, poor economy, and we're trying to find money, here we want to spend (millions) on this court. We've got to be practical."

Leading the opposition specifically on the merit-selection issue was Sen. John Broden, D-South Bend, who supports the merit-selection system currently in place in St. Joseph and Lake counties since 1973. The remaining 90 counties use partisan or non-partisan elections.

"I'm not condemning the many other elected judges statewide or in St. Joseph County," he said, citing landmark cases going back decades and wondering how they would have ended up if those judges faced elections. "My opposition is not based on any notion that there would be a 'For Sale' sign out on the St. Joseph Courthouse, but on my fundamental belief that this system has served St. Joe well."

But others disagreed on how to reach that goal, even those whose names appear on the Roll of Attorneys. Sen. Brent Steele, R-Bedford, who practices in his southern Indiana community, voted in favor of the bill and said he wanted the decision-making power to be with voters, not a merit-selection committee and ultimately the person doing the appointing. The senator said he conducted a survey on this issue in his five counties, and received a 92 percent response in favor of elections versus appointments.

Sen. Richard Bray, R-Martinsville - who heads the Senate Judiciary Committee and also chairs the summer interim Commission on Courts that had opposed this measure - voted in favor of the bill.

Bray, who authored the COA panel amendment and cast the deciding committee vote last week, said the reason this amendment was attached was because it achieved the long-running goal for a new panel but pushed the creation back from 2010 to 2011 because of fiscal reasons. It's estimated to cost about $1.3 million in the first year and $2.2 million in the following years. Only about $3,750 would be used during this next two-year cycle, he said.

Since HB 1491 has been amended from its original form passed by the House in February, it now goes back through that voting process. 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. The governor also retains veto power on any piece of legislation, but so far he hasn't publicly offered any input on this issue.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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