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Wednesday, September 23, 2009

Ind. Courts - Indianapolis Bar Ass'n weighs in on Governor's criticism of COA opinion and judge

The ILB has just received this statement of James H. Voyles, Jr., President of the Association:

Judicial independence is the cornerstone of our democracy. The ability to have an unbiased, impartial judiciary determine the rights and remedies of aggrieved parties is one of our most basic liberties. Our constitution is founded upon this premise, and our court system provides opportunity for fair and final review of our laws and their practical application. As citizens, we have the right to be heard and to challenge rulings by judicial process. Indeed, our legal system is structured to permit judicial review to higher courts to afford litigants the ability to seek redress for unfavorable rulings. The court of judicial process is the appropriate forum for such relief; the court of public opinion is not.

The Indianapolis Bar Association and its Committee on Judicial Criticism remains steadfast in its position that public criticism of judges has no place in the judicial process. The IBA commends those who are unhappy with court rulings to the appropriate legal process for relief, not to the newspapers and airwaves to lodge personal attacks on the judges who are charged with the difficult task of preserving our constitutional rights. Recent articles concerning the overturning of Indiana’s voter ID law improperly called into question the motive and integrity of the bench in reaching its decision. Regardless of personal opinion as to the ruling, that our judicial officers and our judicial process should command a greater respect goes unsaid. We enjoy freedoms and rights that many do not, and with that comes responsibility to respect the courts and those that take the oath to protect the integrity of the office of the judiciary.

Also today, the Gary Post Tribune had this straight-forward editorial on the ruling itself:
The Indiana Court of Appeals last week said it is unconstitutional to require voters to present a photo ID to be eligible to vote.

It was a victory for the people of Indiana, who didn't need the imposition of another requirement before exercising their voting privileges.

When the law was passed in 2005, it was challenged in federal court and ultimately was upheld by the U.S. Supreme Court.

Because the ID law deals with a state -- not federal -- constitutional issue, the League of Women Voters filed suit in Marion Superior Court in December. A judge dismissed the lawsuit, and the LWV took it to the Appellate Court.

In finding the ID law a violation of the Indiana Constitution, the Appellate Court ruled:

* The law violates the constitution because "it regulates voters in a manner that is not uniform and impartial."

* The Legislature has no power to add qualifications for certain voters beyond those in the constitution.

The Indiana Constitution says that anyone who is 18 years old and has been a resident of a precinct for 30 days is eligible to vote. The Legislature added the registration requirement, which affects all.

Opponents of the ID law said it would keep some poor, elderly or minority people from voting.

The ID law was enacted in part because of absentee ballot fraud in Lake County and other parts of the state.

The LWV argued, and the Appellate Court agreed, that those voting by mail don't have to produce a photo ID, and thus, the law isn't uniform.

Although the ID law hasn't affected that many Hoosiers, having one potential voter disenfranchised is one too many.

Posted by Marcia Oddi on September 23, 2009 10:53 AM
Posted to Ind. App.Ct. Decisions