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Tuesday, May 21, 2013

Ind. Decisions - "The Indiana Supreme Court ruled Friday, as it should have, that state law trumps the Lake County judges' transfer rule"

That is the beginning of an editorial today in the NWI Times. The editorial continues:

Indiana law requires the merit selection process be followed to fill a seat on the Lake Juvenile Court bench, which is why Lake Superior Court Judge Nicholas Schiralli couldn't transfer to that position. He hasn't gone through the merit selection process yet. Schiralli was elected, following the law in place at that time, rather than going through the merit selection process.

Schiralli wanted to follow a rule established by Lake County judges that would let him transfer automatically, but magistrates handling Juvenile Court cases filed suit to stop that move.

Now that the Supreme Court has weighed in, the merit selection process should begin. The merit commission should invite applicants to apply for the job, then go through a screening process similar to the one used to fill vacancies on the Supreme Court and Court of Appeals.

See the May 17th Supreme Court decision here.

Posted by Marcia Oddi on May 21, 2013 10:32 AM
Posted to Ind. Sup.Ct. Decisions