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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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