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 an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.