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Supreme Court blocks Lake Superior judge’s transfer bid

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The Indiana Supreme Court on Thursday afternoon issued an emergency order preventing a Lake County judge from taking over the vacancy created when a fellow judge was tapped to lead the Department of Child Services.

“This court orders that any proceedings by respondents concerning the transfer of Judge (Nicholas) Schiralli to preside over Lake Superior Court, Juvenile Division, are stayed until the Supreme Court may rule upon Relators’ request for a permanent writ of mandamus and prohibition,” Chief Justice Brent Dickson ordered in State of Indiana ex rel. Glenn D. Commons, et al., v. the Hon. John R. Pera as Chief Judge of the Lake Superior Court, et al., 45S00-1303-OR-209.

The petitioned was filed Wednesday by Lake County magistrates in the juvenile division who asked the Indiana Supreme Court to block Schiralli’s bid to replace Judge Mary Beth Bonaventura on the juvenile court. The magistrates sought the emergency writ of mandamus and prohibition. Schiralli claims he is entitled through seniority to a transfer that would allow him to succeed Bonaventura, who is scheduled to resign effective Sunday and take over DCS. Bonaventura asked the Supreme Court to require her replacement on the Lake Superior bench be appointed under the county’s merit selection system, I.C. 33-33-45-28. 

The court also ordered further briefing and gave respondents until noon Indianapolis time on April 8 to file briefs with the clerk of the court.

Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller, said the office will not represent either side in the action but might intervene if necessary to defend the Lake County merit-selection statute’s procedure for filling superior court vacancies, Indiana Code 33-33-45-34.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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