Indianapolis Times, Indianapolis, Marion County, 6 August 1950 — Page 20

, Should Choose Jie 0)

udges, Emmert Holds [fir At bibs

State Chief Justice Analyzes [plish what it is represented to be.| Will Total $4000

3 tional : TT Text: tr “And Jesus Missouri, Indiana Selection Plans hold not. masqierade a ha] Jodgeship fo th foe ara ek Mark, LUZ r Sentiment for nonpolitical selection of Indiana judges

God gives us spiritunl perspec:

masquerade political when in fact it only hibits in the 1950 edition of the THIS cient Ses has nd dat ath can move mountains. tive. Emerson changes the manner. in Indiana State Fair Fias been ac-| tuine A faith that can move them cgn change

is poniag, Here Chief Justice James A. Emmert of the taliana Su- politics can be practiced. the Missouri

Council Pian, which was defeated In the Stat Senats in

and the Elective Plan

Plan, the Indiana

now operating in Indiana; Chist Justion JEtutaets sot the aength snd weaduoss of Hi)

three |

The conclusions are his own, and are presented by

“The Times as a basis for a wider understanding of an Important

issue. By JAMES A. EMMERT, Chief

“Missouri Plan

Justice, Indiana Supreme Court

once that it was just as important that | the citizens have faith in the adistration of justice, as it was [important that we have a system ifor the administering of justice. Over a long period of time the

{appointment of all judges of the

Indiana trial courts and courts

THE SO-CALLED Missour! Plan is embodied in Article V of the 1045 Constitution of that state. The Supreme Court of Missourt, of review would not create confl-

~ has judges with 12-year terms, The same Article provides for three 9°0 "Judges each, who have 12-year terms,

Vacancies on the Supreme Court, the Courts of Appeals, the Circuit and Probate Courts within the he city of of St. Louis and Jackson

County, and the. St. Louis Court| of Criminal Correction, are filled by the Governor by appointment from a list of names of three per-

cal eléctions may choose to ‘have hele Judges appointed . In the

: he De judicial commission consists of seven members, one of the Chief Justice of the Supreme Court, three members chosen by the bar of the Courts : of Appeals’ district, and three who are not lawyers appointed by the

# . ” THE VARIOUS circuit judicial commission consist of five mem-| bers, one the presiding judge of the Court of Appeals from that district, two members chosen by

the bar of the circuit, and two|the judicial

- members not lawyers chosen by the Governor from the circuit.

“- Provisions 8 Toquiring that an = record, by Re to #3 voters at the general election a _ballot for “Yes” or “No” vote on the question, “Should Judge (John Doe) of the court be retained in office?” would seem unobjectionable, since a number of

hy y the Gt Governor. But “the chatr- | men of the district commissions would be appointed to the district

commissions by the Go oF, 80 “antite commission appointees of the Governor, The five district judicial ap-

consist of eight members of the bar and three members not law-|

Governor, these commissions would not have

same political party. However, we know from experience that

judicial appointment commissions

for the appointment of the judges to all trial courts within thes various judicial districts, while appointment commission would submit lists of three names to the Governor for

under thé Indiana Judicial Coun-

the Governor appoints all

Wawa

cil Plan, since the selection is

ence In our judicial system. Indiana Judicial Council would insure the removal of poli{tical considerations being involved in the selection of judges. ; If the Indiana system is to be! changed it should not deprive the peo f th t to select their nts on Bench.

Two of Purdue Staff

"[potrtment ~vommissions et Study. ‘Afom Techniques

5 — Two! yers, all to be appointed by the p, que University faculty mem- State Fair will be distributed as| It was provided that pers are studying techniques of|follows: An award of $250 for a

Times ate Service® LAFAYETTE © Aug.

using radioisotopes at Oak Ridge,

more than six members of the Tenn, with 32 scientists from all excellence.

over the world.

Dr. M. X. Zarrow, associate Water colors and pastel, =f {meaningless Pre- professor of - Fred-d \siimably, the various five district erick J. Carleton, chemistry oe $440, and photography, $180.

=and= structor, will be at the Oak

would submit lists of three names Institute, sponsored by 26 South

ern universities, for one month. Bp. i |

Lp—_

appointments to the courts of |

THE QUESTION at once arises'=

— |=

lcepted by Max Weber of Great

Loring, a 194, ver one Super Juda Cour Ne k, Long Island, N. Y. + Director of the fine arts depast.| t

Neither the Missouri Plan nor the limited to residents or former Plan residents of Indiana.

iment of the fair, Mrs. Karolyn Holloway of Colfax, Ind. an{nounced Mr, Weber's acceptance while issuing a reminder to all exhibitors that entries must %e submitted by Aug. 16. Awards amounting to $4000

cash have been posted for this year's exhibits, with eligibility

One of Top Artists Mr. Weber is recognized as one of the top artists in the |country, and recently served on a jcommittee of five for the retro“exhibition™

ithe great French artist, Heng Rousseau, at the International

annial Tikit

an. Yeni Hor eRree;

(Italy. =

“OF “PAIRINGS by |

Art prize money at the 1950

painting or sculpture of special In the professional) paintings, - Fes: $790; rawings and prints, $130; sculps|

|division,. oll

Additional prize money of $1045 is offered for exhibits: by stu{dents and amateurs. ;

sumptions upon which he habitually acts. One may never many religious matters, or one may stoutly maintain an intelJectual Indecision, but one's tiving involves the confession of some faith. The outcome of one’s living comes, not from a well-phrased or clearly outlined statement, but from the assumptions upon which decisions are made in the practical affairs of everyday living. No matter what one may say about great spiritual truths or the fundamental tenets of the Christian faith, if one ha-“bitualiy-acts on the assumption: - that they are of little consequence, So Jesus is saying that faith in God as a vital assumption in life will do great and positive things for a persons. n » - THIS FAITH in God will constantly evaluate our rightness, Our spiritual sensitiveness is easily dimmed, or our spiritual discernment easily dulled. If we -deal-in-half-truths, or-frequent-—-ly act upon little untruths, we are soon dulled to truth. Faith in God as a positive principle in our ur living w will be -constantly

TTI EL

I 1

LSEESEIREEEE il

Dr. Shelton

-.. peace, -God is dependent upon the co-operation of men, . ;

a motivation In daily living. Mountains of fears, hatreds,

that keep this world in confusion and chaos, and threaten us

with destruction. Faith in God moves mountains,

states apparently follow that sys- members 6f the commissions, why |S =

tem with desirable results. go to the trouble and expense = However, the of having .the commissions ap-S

submission Of ln inteq by the Governor in the = such a question for a newly ap- First place, when they In turn = pointed judge at the next general ony recommend béck, to the 3 election after the expiration of 12 Governor. whom he should ap-| months in office would seem to be point? 30 Seti Sma in many shies If we are to have appointive ficiently clarified for an intel} judges in Indiana “why would |= gent choos by the voters. A-miut. /IL D6. necessary to hava this razsle S i. dazzle pass from the Governor | to the commission, and back to|S | : the Governor, with the Governor |S bill . : ; - ; tot .. 8» calling all the signals? Indeed, it = a \ hh Man

OF COURSE the Missouri Plan would be a most inept Governor = i J : : Battle

is an appointive plan. Appoint-/who could not load the courts |= Designed for Sighs in Junior=Size Fashions. ~~ JESSEN | | =

mum of two years at least should be required.

BIT

and that has been trus in. Mis-ipent judge running against his.

record to see whether he would| United States News and|be retained in office would seem a Yue for--Jan:-10,-1947; desirable; but with the exception | = disclosed the record of appoint. that a .new member of the court) _ ment of judges for our federal should be on the bench at least courts. Before 1933, no political two years before the question party had more than 60 per cent should be submitted to all voters, of its members as federal!

the federal courts 1945, ederal - a ii 15 to ot| THE REQUIREMENT of the/S Constitution of Indiana that the 3

the same political party. | judges of the Supreme Court The mechanical provisions of p14 be elected from the various Z

1s isso) Plan Would Sally judicial districts and reside therein £2 rte oy he oi oy mer. | 18 Sound, since it encourages each Ig bers of his political philosophy judge to keep in touch with the! z= to say nothing of his judicial legal thinking of his district. This = = philosophy. Provision should never be g 8 : . change - yt oo Dat exist oF Wilte However, If we are to have nonor any bar association, or any political selection of judges for |= & « other person or organized group. our courts of review, it has been |S e In the long run the collective | “U8! suggested it would be preferable | concept of the electors, of which to provide that each judge of the - the entire legal profession willbe courts of review be nominated and a most important part, as to elected on a nonpolitical judicial what is fair, right, equitable and ticket by the voters of his parjust, will become the law of the| ticular judicial district; and that land, by constitutional. provision, these. Jo shuld. be So Wwhethe

ment of judges does not insure with members of his own party. = g -& nonpolitical selection of judges, The provisions for an incum- = SUNLIGH in Anderson.

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Vesting part of the appointing t power In a bar organization ~would-not insure worpotiticnl se], lections. In the light of experi-

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ence, can it be asserted that bar asiociations have . always been frees of political and personal! - considerations when making recommendations for the selec-| tion of judges”

Indiana. Plan

IT SHOULD be noted at the outset that this plan is quite dif-| ferent from: the provisions of thet _ Missouri Constitution. The Senate! Joint ‘Resolution which was de-| feated in 1949 would have amend-! ed Article 7 of the Constitution of |

Indiana in the following partic-|

ulars: Terms of Judges would have! been lengthened to eight years. It.

“would have vested in the Gover-|

nor the power to appoint all Judges in Indiana except the jus-| tices of the peace courts and t magistrates courts. ‘ The provisions of the resotution| were not as specific as would be desirable in a. constitutional! amendment, but seemed to intend that the Governor would have the!

power to appoint every judge munity affairs, made them well |=

from a list of three names sub-| mitted by Yasiou commissions, . » THE JUDICIAL appolatinent| commission would consist of 11 members, five members being! chairmen of the district commissions, the remaining six being’ three attorneys and three mem-

= ‘bers not lawyers to be _appointed to be a change. it. should accom.

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the members of the legal profes-! {sion could be adequately advised {as to the integrity; character and légal ability of the various candidaign, lid clos THE VOTERS of each congres- | sional district certainly know'S {thelr candidates for Congress and |= have no difficulty in exercising = their ‘choice, This would give = [ample opportunity for the legal=

{profession to make known its!

opinion on qualifications and fitness, On the county or circuit court level it would be even easier for ithe voters to choose as judge of the trial courts the person they rtheught best qualified for the (position. . Such an election plan would Probably induce more trial judges seek office on the higher I since an established ju-| |dicial record would. be of value in| a judicial district primary and election, Candidates for a SE jor circuit court, whose record, {either:in the public service or com-

known within the political sub{division, would likewise beriefit in {a primary or election,

Conclusion IT IS NOT the purpose of this analysis to recommend any | change in our constitution for the selection of judges, but if there is

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applied to MN

Francis Stearl der of the U. strategie Oki

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Speaking w: son of the fou town’s first dr self a veterar hind the coun referred to is ¢ Up and dov get the same merits of Gi name. Most o they're all his him as “ever: tall, swarthy : =

THE GEN] brated his 5: last week, Wi back to his the National Monday. He and his a leisurely exi & month. The gone farther i any other Br graduate was to lazing on grounds, tink use, visiting friends up to lose-contact v to be away so

commander ¢ Legion and w ‘tic victory pa - Instead, tim in Washingtor man who coul ‘Planes and m: ‘and needed b: