Tuesday, November 12, 2013
Ind. Courts - Following up on the federal suit against the way Marion County judges are selected
The lawsuit is Common Cause Indiana v. Indiana Secretary of State. It challenges the way Marion County judges are selected. The ILB has had a number of posts, including links to a number of documents:
- Nov. 1, 2012 - "ACLU of Indiana Challenges Marion County Judicial Election System" - includes link to the original complaint
- Nov. 2, 2012 - linking to news stories about the suit
- Nov. 5, 2012 - linking to an IndyStar editorial headed "Find fairer system to choose judges."
- Nov. 6, 2012 - quoting Star letter to editor headed "Something’s fishy about how we pick Marion County judges"
- Dec. 29, 2012 - linking to a copy of the memo in support of a motion to dismiss, filed by the Indiana Attorney General on Dec. 20th.
- Jan. 7, 2013 - links to an amended complaint filed Jan. 3rd, expanding the suit to include the State Election Commission and the Governor.
- Sept. 13, 2013 - federal Judge Richard Young's 21-page Sept. 6th order, denying defendants' motion to dismiss.
- Nov. 12, 2013 - is this current ILB post, including a link to Tim Evans' IndyStar story this afternoon referencing Chief Judge Young's 3-page, Nov. 7th order (which characterizes plaintiffs' suit "as a First Amendment challenge under 42 U.S.C. § 1983 to the unique manner in which judges are elected to the Marion Superior Court") denying the defendants' motion for immediate appeal, which they urge on the grounds that “exceptional circumstances justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.” To defendants' argument that "an immediate appeal will materially advance the ultimate termination of the litigation, as it might render unnecessary 'potentially costly and burdensome discovery, pre-trial preparation, and expense'", the Court writes:
This case involves a constitutional challenge to a state statute which governs the manner in which judges are elected to the Marion Superior Court. As such, any discovery that will be required will be limited and easily completed. And, once discovery is completed, this case will most likely be decided on summary judgment. Accordingly, the court finds an immediate appeal would not materially advance the outcome of this case.
Posted by Marcia Oddi on November 12, 2013 05:04 PM
Posted to Indiana Courts