Wednesday, November 11, 2009

A petition

A good friend of mine asked me to post this on his behalf.

From: Indiana Allen County Residents
To: Indiana Supreme Court
315 Indiana State House
Indianapolis, IN 46204
CC: Allen, Noble, Huntington, Whitley, DeKalb County courts
Media outlets
Petition to Reject Proposed Allen County Local Rule LR02-TR 79-01
We undersigned Allen County residents are respectfully petitioning the Indiana Supreme Court to review our objections to proposed JOINT LOCAL RULE OF THE ALLEN CIRCUIT AND SUPERIOR COURTS FOR THE APPOINTMENT OF SPECIAL JUDGES. If Supreme Court finds our objections found reasonable, we petition the Supreme Court to reject the proposed Allen County local rule LR02-TR 79-01 and leave existing local rule LR02-AR00-1 as is.

The existing Allen County local rule (LR02-AR00-1) stipulates the naming of a panel from which a special judge to be selected randomly from judges of Allen County and judges of four neighboring counties, Nobel, Huntington, Whitley, and DeKalb.

The proposed modified rule (LR02-TR 79-01) however excludes judges from four neighboring counties, Noble, Huntington, Whitley, and DeKalb from being appointed to a panel. Some sort of alphabetical selection in naming a panel in proposed rule replaces a random selection in existing rule. The new rule in our reading diminishes unnecessary chances that a judge from Allen Circuit Court be named in a panel compared to Allen Superior Court judges.

In support for our objections we provide the following reasons:

1. We believe the process is better served if proposed judicial rule be reasoned, discussed and a reasonable public consent sought. A period of 35 days provided for public comments (March 16th – April 20th 2009) has been far too short, especially compared to much longer time allocated for the judicial review and approval (April 21st – December 31st 2009).
2. We believe the underutilized courts of four neighboring Northeast Indiana counties can allocate more time to cases. Allen County courts are overloaded with cases, and the waiting period for a hearing can be very long. The interval between hearings can be long as well. In order to expedite hearings, it would be best to leave the existing rule and reject the new rule.

Respectfully, Allen County residents:

1 comment:

Daddy said...

Local rules seem contra-intuitive to me in a society where legislative and judicial powers are supposed to be constitutionally separated.

Nevetherless they (rules how to make local rules) are legislated into Indiana code as something acceptable. And it is not only local courts who are doing that, supreme court seem to have its own way legislate, ..oops.., to self rule.

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