« Ind. Decisions - Two more Supreme Court opinions today | Main | Ind. Decisions - Still more on: Court of Appeals rules on closing of Fort Wayne Disabilities Center »

Thursday, February 28, 2008

Ind. Courts - More on: Unslated candidates withdraw from Marion County judges race; and more [See Update]

Updating this ILB entry from Feb. 26th, the Indianapolis Star has an editorial titled "When judicial candidates don't have to court voters." It could also be headed "Our So-Called Election." The editorial concludes:

In short, we have a system of electing judges that requires virtually no competition for the public's approval, only an audition before the party bosses. The parties, rather than fight it out to show who's best for the bench, will simply sit back and accept their eight gifts each. * * *

By eliminating even the minimal amount of choice voters used to have in general elections, the legislature has given us the worst of two worlds.

A merit selection process for judges would be removed from direct public review, but would offer the advantage of impartial professionalism over insider politics. Now, we have a putative elective process, but with pre-selection based not on judicial qualifications but on political loyalties.

State and local bar associations, along with Indiana Supreme Court Chief Justice Randall Shepard, have urged the creation of a nonpartisan merit selection system for judges. The General Assembly should either enact that or open up the elective process, so that voters could pick as many Democrats or Republicans -- or others -- as they saw fit.

Neither remedy is likely, any more than abolishment of the antiquated elective posts of coroner and township assessor are good bets. All these moves would make for sound governance, but they would violate the bipartisan spirit of sharing that binds the political parties and their fellow vested interests.

This ILB entry from March 1, 2007 quotes a South Bend Tribune story:
A bill that would change how St. Joseph County selects its judges has died in committee, but it could resurface this legislative session, its author said Wednesday.

Meanwhile, lawyers are making a forceful argument to retain the status quo.

State Rep. Craig Fry's bill to repeal "merit selection" of the county's Superior Court judges, as well as a similar measure authored by Lake County Democrat Charlie Brown, has died in committee for lack of a hearing. But Fry said he believes another lawmaker, one he declined to name, might incorporate the language as an amendment to another bill.

St. Joseph and Lake counties are the only two in Indiana where [trial] judges are chosen through merit selection instead of being elected directly by voters. Under merit selection, a committee -- comprised of local lawyers, governor-appointed citizens and a state Supreme Court justice -- interviews and selects applicants for openings on the bench. [emphasis by ILB]

Once judges are appointed, they stand for a retention vote every six years. No judge has ever been removed in a retention vote since St. Joseph County adopted the system under a state law enacted in 1973. * * *

Fry said he introduced his bill to "send a message" to judges.

"Those folks are not accountable to anybody once they're appointed," he said. "I feel everybody should be elected. That way if they do something the public doesn't like, they can be discarded."

But local lawyers say they feel fortunate to have merit selection. The St. Joseph County Bar Association's board of governors recently unanimously passed a resolution "strongly opposing" the changes Fry seeks.

But the effort to change the selection of St. Joe judges was made again this year. On Feb. 26th the ILB posted this entry quoting a SB Tribune story that Rep. Dvorack would offer a second reading amendment to "set up non-partisan elections for judges who right now are appointed by the governor." The amendment (here is the text) failed, 45 ayes to 49 nays.

[More] The ILB has now found a story from the SB Tribune on the vote. Some quotes:

Dvorak's measure would have provided for nonpartisan elections among Superior Court judges in St. Joseph County. Currently, those judges are appointed by the governor. Residents can vote to retain Superior Court judges but do not choose judges for open seats.

"The issue, I don't think, is going to go away as one that's important to my constituents," Dvorak said.

Rep. Dvorak is the son of Prosecutor Michael Dvorak, a vocal proponent of electing Superior Court judges. But Ryan Dvorak said Tuesday he's been hearing complaints from constituents who feel judges are going easy on criminals.

The amendment was attached to Senate Bill 329, which deals with judges' pensions. And in a way, Ryan Dvorak's amendment might have been hurt by timing.

Republicans have been calling in recent days for stricter enforcement of House rules, including one that requires amendments to be related to bills.

Some Republicans, including Rep. Ralph Foley, R-Martinsville, objected to the amendment because they said it had no relation to judges' pensions, and allowing it to go forward would make House rules "elastic."

"At some point in time the elastic breaks, loses its snap and has no meaning. I think that this is that time," Foley said. "We must rein in and have some rule rather than a chamber without any rule."

The amendment had support from almost the entire St. Joseph County delegation, including Republican Reps. Jackie Walorski of Lakeville and Tim Neese of Elkhart, whose 48th District stretches into the northeast part of the county.

"In St. Joseph County, we have a problem with judges who are not accountable to anybody. Nobody," said Rep. Craig Fry, D-Mishawaka.

[Update at 9:10 AM] I'm told by a reader that although the SBT story reports "No judge has ever been removed in a retention vote since St. Joseph County adopted the system under a state law enacted in 1973," that has not been the case in Lake County, the other county following this system. According to the reader, at least two Lake County judges over the years have failed a retention vote by the voters.

Posted by Marcia Oddi on February 28, 2008 08:22 AM
Posted to Indiana Courts