Name: Indiana governor blocked from appointing new St. Joseph County judge | Public Safety | southbendtribune.com
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Indiana governor blocked from appointing new St. Joseph County judge | Public Safety | southbendtribune.com

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SOUTH BEND — In the face of pending litigation, the body tasked with filling judicial vacancies in St. Joseph County this week resubmitted a list of five candidates to succeed recently retired superior court judge Jane Woodward Miller.Normally, Indiana Gov. Eric Holcomb would appoint one of the candidates to fill the open seat. But the governor is currently under an injunction stemming from a lawsuit filed by one of the nominating commission’s own members.The lawsuit, filed by Joseph Grabill, claims two members of the St. Joseph Superior Court Judicial Nominating Commission were ineligible to serve on the commission. Grabill also claimed the body was “improperly politically biased” against Republican candidates in its selection process.Although judges are elected in most of Indiana, superior court judges in Lake County and St. Joseph County are appointed by the governor, who chooses from a list of candidates put together by a special committee.In St. Joseph County, the Superior Court Judicial Nominating Commission is made up of seven people: three attorney members, who are elected by other attorneys in the county, and three non-attorney members, who are appointed by the mayors of South Bend and Mishawaka and the president of the county's Board of Commissioners. Indiana Supreme Court Justice Christopher Goff chairs the commission.In response to Grabill’s complaint, Marshall County Circuit Judge Curtis Palmer ruled that a member of the commission, Anthony Hooker, was ineligible to serve. Grabill also contends that attorney Charles Lahey should be removed from the commission since he was re-elected to consecutive terms, which is not allowed under state statute.In January, Palmer also imposed a preliminary injunction on Holcomb, preventing the governor from appointing a new judge until “a validly constituted Commission (or quorum thereof) submits a new list of five nominations to the governor.”James Groves, an attorney representing the St. Joseph Superior Court Judicial Nominating Commission, said even though the commission feels Hooker should be allowed on the committee, the body reconvened to expedite the process of getting a new judge appointed.“The situation in St. Joseph County Superior Court is rather dire,” Groves said, noting there is a backlog of cases in Miller’s court.Miller is presiding over cases as a senior judge for the time being.The nominating committee met Thursday, without Hooker and Lahey, and resubmitted the same five candidates to the governor it recommended in September. Groves said he’s “fairly confident” the judge will grant his request to dissolve the injunction against Holcomb, hopefully by next week, in light of the commission’s action.The candidates chosen by the commission include: current magistrates Andre Gammage and Elizabeth Hardtke; private practice attorneys Jeffrey Kimmel and Stephanie Nemeth; and Stephanie Steele, an attorney for the city of South Bend.According to a release from the commission and court filings, the selection of the five candidates was unanimous both during the original selection process and when the commission reconvened, meaning Grabill assented to the nominees.“I am confused now about why Joseph Grabill is taking the position he takes, as he agreed with everything in the process and he agreed with the selection of the final panel of five candidates,” read an affidavit filed in court and signed by nominating commission member Karen Barnett.Thomas Dixon, an attorney representing Grabill, did not respond to a phone call seeking comment Friday.Grabill, as well as the St. Joseph County Republican Party, also claimed the nominating committee was “improperly biased” against Republican candidates, saying all five nominees are Democrats. The Republican Party was originally a party to the suit, but Palmer ruled the organization lacked legal standing to bring the suit.Groves disputes the claim members of the commission looked at candidates’ political leanings.Grabill “has not offered any evidence, nor is there any evidence that anybody discussed the politics of the respective applicants,” Groves said.The nominating commission sending its recommendations to the governor also comes as new legislation that would change who nominates judicial candidates in St. Joseph and Lake counties makes its way to the state senate.The which passed the house by a 63-31 vote earlier this month, would shrink the size of the nominating commission from seven members to five. According to the bill, three of the five members would be appointed by the governor while the other two would be chosen by county commissioners.Both counties’ bar associations oppose the bill.574-235-6234@marek_mazurek

SOUTH BEND — In the face of pending litigation, the body tasked with filling judicial vacancies in St. Joseph County this week resubmitted a list of five candidates to succeed recently retired superior court judge Jane Woodward Miller.Normally, Indiana Gov. Eric Holcomb would appoint one of the candidates to fill the open seat. But the governor is currently under an injunction stemming from a lawsuit filed by one of the nominating commission’s own members.The lawsuit, filed by Joseph Grabill, claims two members of the St. Joseph Superior Court Judicial Nominating Commission were ineligible...

Indiana governor blocked from appointing new St. Joseph County judge | Public Safety | southbendtribune.com

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