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Monday, March 18, 2013

Ind. Courts - "Pope of Lake County's judiciary claims superiority"

That is the heading to a biting column today in the NWI Times by Rick James. A sample:

In a letter to Supreme Court Justice Robert Rucker, Pera asks the high court to ignore Bonaventura’s plea.

Pera argues the law requiring merit selection as a requisite for a transfer is “a legislative overreach into the exclusive province of the judiciary.”

That bears repeating. “The exclusive province of the judiciary” pretty much puts the Lake Superior Court system in some sort of nether world.

It gets better. Pera went on to say that the separation of powers prevents the Legislature from “meddling” in the judiciary.

In other words, even though the Lake Superior Court system was created by the Legislature, the courts don’t have to listen to their maker.

And furthermore, Pera called “unconstitutional” the law requiring merit selection as a requisite for transfer.

The pope has spoken, essentially saying the law is unconstitutional and the Supreme Court doesn't need to waste its time with the matter.

For background, see this ILB entry from March 15th.

Posted by Marcia Oddi on March 18, 2013 08:14 AM
Posted to Ind. Trial Ct. Decisions