Republican justice

The GOP in Indiana has the power when it comes to the state legislature, and there is little in the numbers that suggest Democrats will be able to take the state back anytime soon. Republicans are well aware of this, and are now hoping their power will earn them even more.

A GOP state Senator has proposed a bill that would effectively take control of the court system in the state from the people's hands and place it in the legislature's:

The legislation, proposed by state Sen. R. Michael Young, R-Indianapolis, would create a seven-member commission to nominate judges to the Indiana Tax Court, Indiana Court of Appeals and Indiana Supreme Court. The governor would appoint each judge from among three nominees, subject to confirmation by a majority of the Senate.

After 10 years on the bench, judges would come before the Senate for retention votes. A judge could be removed from the bench by a vote of 30 or more of the 50 senators. Republicans now control the Senate, 33-17.

The proposed change also would create a procedure for impeaching judges.

The legislation would let judges already on the bench complete their terms and subject them to the new confirmation requirement if they want to stay on.

Under the current system, the governor appoints judges who then become subject to an up/down approval by the public every ten years. Young's bill, however, would insure that only the judges approved by the legislature would see work on the state courts. And in Indiana, that means the right wing would be well represented.

Imagine a judge that rules to "liberally" on a case for the legislature to handle, or a judge that upbraids the legislature for poor law. Even worse, what if there was an election dispute on a winner in the state Senate that ended up in the state court system? Would the judge, knowing he is at the will of the majority party, be able to be impartial as he makes his ruling? What's to stop the Senate from removing any judge that stands in their way and finding someone more willing to rubber stamp their views?

If Michael Young's bill passes, not much. Separation of powers in the state would be severely blurred, and judges would end up in debt to the lawmakers who would have the power to keep them there.

So if you live in Indiana and value an impartial judicial system, starting writing your state representatives (the bill has already made it through the Senate). Uphold the separation of powers before it is too late.