In a press release yesterday, Representative Ed Mahern announced that he has filed legislation to make the Indiana Clerk of the Courts position appointive, rather than elected. This complete release:
INDIANAPOLIS --- State Rep. Ed Mahern (D-Indianapolis) announced today that he has filed legislation that would make the Clerk of Indiana's Supreme Court, Court of Appeals and Tax Court an appointed rather than elected position. Joined by Indiana Supreme Court Chief Justice Randall Shepard and current Clerk of Courts David C. Lewis, Mahern said he has authored House Bill 1152, which would give the state Supreme Court the ability to select the clerk, rather than have the position up for statewide vote.The Indianapolis Star has a brief story this morning, headlined "Chief justice backs bill to appoint court clerk," available here. The story notes:"Indiana is one of only two states in the country that elects its clerk of state courts," Mahern said. "As time goes by, it makes more sense to have an administrative position that carries little or no policymaking authority to be appointed rather than elected."
By bringing the clerk's office under the control of the Supreme Court structure, the legislator said greater oversight would be provided by the judicial body most interested in ensuring that the office is properly managed. Mahern said justices would not have to deal with the uncertainty of not knowing who will be elected into the office every four years.
Mahern's sentiments were echoed by Shepard and Lewis. "Rep. Mahern's proposal is one that will serve the public's interest in having an effective Clerk's office," Shepard said. "We are certainly willing to accept the responsibility to assure that the Clerk's office is run in an efficient and user-friendly manner."
Lewis added, "Gov. Joe Kernan appointed me for the purpose of ensuring the integrity of this office and to serve the people of Indiana. I have always stated that I will do my best to make sure that this office is run efficiently and effectively throughout my tenure as Clerk. That is why, after spending my first 45 days assessing this position, I truly believe that the Supreme Court should have the authority to designate the Clerk of its choosing, without reference to a political party.
"This position should be appointed in the same manner that Gov. Kernan employed in making previous appointments, which bases a selection on an individual's qualifications and abilities," he added. "I feel Chief Justice Shepard and the rest of the Supreme Court should have this authority."
Currently, only Indiana and Montana let statewide voters pick the clerk of the courts. Mahern, who is sponsoring House Bill 1152 to make the clerk an appointed position, said that now is the right time for the measure because there is no elected officeholder currently holding the job. * * * The job currently pays $60,000, plus a $12,000 living stipend. The court would set the salary once it begins hiring a clerk at the end of Lewis' term, Jan. 1, 2007. The measure has bipartisan support, with a similar bill -- Senate Bill 93, sponsored by Sen. David Ford, R-Hartford City -- introduced in the Senate.Rep. Mahern's version of the legislation (HB 1152) is not yet available. Sen. Ford's bill, as introduced, is available (SB 93) here.
For background on the proposal to make this office elective and on the history of the office of Clerk of the Court, see the Indiana Law Blog enties of Nov. 3, 2003 and Nov. 10, 2003. See also the Nov. 14, 2003 entry on the Governor's appointment of David Lewis to fill a vacancy in the office.
Posted by Marcia Oddi at January 10, 2004 08:26 AM