Indiana Appellate Judges Up For Retention Vote!

My standard operating procedure when voting whether to retain any of Indiana's appellate judges is to vote against them. Why? Because not a one of them of has ever lost a retention vote (unlike the old days when they were directly elected), and they need to remember who they work for.

From Indiana Capital Chronicle comes some background for you to decide how you want to vote:  Judicial retention votes are attracting more attention than usual. Here’s what you need to know.

“There are cases that we may not like where the law takes us on a particular case, but we take an oath with regard to following the law … and we take that oath very seriously,” Rush said. “I see what you see. I’m aware of it and I’m concerned long-term.”

Rush has been on the Indiana Supreme Court since 2012 after being appointed by then-Gov. Mitch Daniels. She was retained by voters in 2014 and just began her third term as chief justice. Before joining the high court, Rush was a juvenile court judge in Tippecanoe County. One of her most high-profile opinions backed Gov. Eric Holcomb in his dispute with legislative leaders over special session powers. It was a 5-0 decision, though Rush authored the opinion.

Massa was appointed to the Indiana Supreme Court by Daniels in 2012, and was retained in 2014. Massa was a local journalist before becoming a press secretary and speechwriter for then-Gov. Robert Orr. After getting his law degree he served as a deputy prosecutor and assistant U.S. attorney. He worked for Daniels’ administration in several roles. One of his most well-known opinions upheld a law limiting who can run under the banners of a Republican or Democrat in elections. The case involved egg farmer John Rust‘s bid for U.S. Senate as a Republican without having pulled GOP ballots in the two most recent primary elections.

Molter is the newest justice to the Indiana Supreme Court, having been appointed by Gov. Eric Holcomb in 2022. He’s up for his first retention vote. Molter previously had a short stint on the Court of Appeals and before that worked in the private sector handling appeals in the state and federal courts. He authored the recent opinion upholding the state’s near-total abortion ban. The decision found women have the right to an abortion to save their lives or avoid serious health risks, but that the General Assembly was within its rights to set narrow regulations. Massa and Rush concurred.

If removed, the next governor would get to appoint replacements. Much like the president and the U.S. Supreme Court, the governor’s political party can influence how they make their judicial picks, such as pushing them further right or left.

 sch 10/21