Tuesday, May 24, 2011
Indiana Decisions - A multiplicity of reactions to Barnes v. State,
Reactions and responses to the Supreme Court's May 12th opinion in Barnes v. State continue. Today State Senator Jim Banks posed this statement, headed "Time for a Judicial Re-Do?" Here is how it concludes:
The nature of our part-time legislature in Indiana has left many citizens feeling powerless. I've fielded many calls and emails from constituents who are worried that we can't stop this dangerous ruling from being implemented. Though we don't return to the Statehouse until next January, I am already working with other senators on drafting an amendment that will ensure our freedoms can't be encroached by unelected state Supreme Court justices.ILB thoughts: The ILB, through its recent postings, has attempted keep readers apprised of the range of reactions to the Barnes opinion. Here is how they seem to break down:
Governors get to select a lawyer from a group vetted by a nominating commission. We citizens get to vote to keep them or throw them out by voting to retain them for another term. How many people will have their rights trampled before then?
While in the short term I'm committed to working with my fellow conservative legislators to restore these Constitutional rights, over the long term it is clear that Indiana needs to open a debate about judicial accountability. There are a number of options on the table-perhaps giving the people a voice on these nominations by requiring the Senate to consent to these appointments is appropriate (similar to Federal judges as well as the states of Delaware and New York). Another solution used in many states might be to elect justices to the bench rather than simple appointments.
The bottom line is that Hoosiers demand greater accountability across all levels and branches of government, and this ruling throws that need into stark relief. Join me and conservative Hoosiers across the state to make your voices heard on this issue, so we can fight back and prevent this attack on our liberties from taking hold in Indiana.
- There is really nothing new here
- Specific holding may be correct, but the broader ruling is overreaching
- Give Indiana Court an opportunity to clarify or narrow its opinion on rehearing
- Enact statute spelling out rights of citizens re police entry
- Appeal to SCOTUS
- Impeach justice(s)
- Oppose retention of J. David, who will be on Nov. 12, 2012 ballot
- Change current merit selection process (via constitutional amendment)
- Abolish merit selection, elect appellate judges
Posted by Marcia Oddi on May 24, 2011 12:57 PM
Posted to Ind. Sup.Ct. Decisions