Comments on Advance Indiana™: Democrat Judge Stands Decades Of Election Law On Its Head: Rules Landslide Winner Of 2010 Secretary Of State's Office Ineligible To Hold Office

I too am surprised that Judge Rosenberg was not as...

2011-12-23T11:55:43.420-05:00

I too am surprised that Judge Rosenberg was not asked to recuse himself in this case. In addition, I also expect that the Supreme Court of Indiana will reject his decision.

Well said, Paul. The party that has cried foul ove...

2011-12-23T10:15:24.579-05:00

Well said, Paul. The party that has cried foul over Voter ID laws for years now is stripped bare for all to see. Legitimate, taxpaying citizens are now subject to criminal prosecution and forfeiture of the office to which they were dutifully elected because they happened to find themselves in between marriages and homes. It's a very sad day for the democratic process in this country. It's no wonder good people avoid public service like the plague. Only the people who lie, cheat and steal seem to get ahead in politics today. The rest of us are publicly attacked and subjected to a violation of our fundamental constitutional rights for daring to exercise our fundamental rights in a democratic society.

The flaw in the decision is that Judge Rosenberg d...

2011-12-23T09:00:00.532-05:00

The flaw in the decision is that Judge Rosenberg did not decide where White should have been registered. In the opinion, he seems to acknowledge that it would have been inappropriate to register at the condo since he had not moved in yet. So, if that's the case, where should White have registered. Certainly not the apartment since his lease expired and he had long ago moved out.

The only place White could have legally registered to vote was his ex-wife's house, which is what he did. Judge Rosenberg refers to that as a "temporary" abode. His definition of what is temporary is hopelessly broad...it would disenfranchise scores of people living in apartments and other rental units while they wait to move into houses.

The bottom line is everyone has a residence. The only residence of White's you can point to is his ex-wife's house. Judge Rosenberg's ruling means people can be without residences and thus disenfranchised and rendered ineligible to run for office. The law doesn't work like that.

Paul, If the shoe were on the other foot the Democ...

2011-12-23T00:28:06.590-05:00

Paul, If the shoe were on the other foot the Democrats would be standing in front of the city-county building holding a press conference and demanding the removal of the judge from the bench for participating in the decision. The Democrats are street fighters. They will sucker punch, hit below the belt or otherwise do whatever it takes to get the upper hand in a political debate. The Republicans are always too feeble in defending themselves and get steamrolled every time.

Recusal refusal is law misusal. Sorry, but frankl...

2011-12-23T00:22:38.045-05:00

Recusal refusal is law misusal. Sorry, but frankly this entire thing stinks to high Heaven! If White is not a resident then neither was Bayh and certainly Dick Lugar lost his Indiana residency years ago!

Is this the same Charlotte who was suspended from ...

2011-12-23T00:18:30.402-05:00

Is this the same Charlotte who was suspended from the practice of law? Three members of the Recount Commission, including a respected attorney and a respected former Democratic judge agree with my interpretation of the residency law for voting registration purposes. They each have more familiarity and experience with these laws than Rosenburg. Let's see what the Supreme Court has to say. They can only concur with his ruling by overturning well-established law.

We must always remember...there is the law...and t...

2011-12-22T22:22:12.218-05:00

We must always remember...there is the law...and there are democrats.

Gary, I've always liked Judge Rosenberg and th...

2011-12-22T22:18:38.671-05:00

Gary, I've always liked Judge Rosenberg and thought he was fair. But I 100% agree attorneys have the right to raise these issues and if you were the attorney for White you'd in fact have the duty to do so. We need to stop being so sensitive about judicial criticism. As my mentor Judge Paul Buchanan used to say, accepting public criticism is part of the job as a judge. If it bothers you you need to get in another line of work.

If you read the opinion, it seems pretty simple to...

2011-12-22T22:09:49.367-05:00

If you read the opinion, it seems pretty simple to me: 1) He did not establish a "permanent" residence as required, and 2) he didn't timely file his correct registration as required by the statutorily mandated date.

This has nothing to do with the party of the judge or his daughter's activity. This is about a candidate who couldn't (or wouldn't) follow legal registration requirements of the very office he was seeking.

How is it standing decades of election law on its head? Or is that just to make the post sound more believable? Doesn't work once one reads and understands the opinion.

I would add that my position of asking for a recus...

2011-12-22T21:24:01.150-05:00

I would add that my position of asking for a recusal is on solid legal footing. I raised this issue months ago and you didn't see the bar association criticizing my public opinion like they did Abdul's when he went so far as to claim that Judge Rosenberg had engaged in ex parte' discussions with Democratic party leaders concerning the case. I accept that legal professionals differ on the standard for a judicial officer to recuse him or herself in such matters, but it cannot be said that an attorney is in any way violating his professional duties as an officer of the court merely by raising the issue when reasonable people can argue whether "for appearance sake alone", a judicial officer should recuse himself. I personally don't think Chief Justice Shepard should have recused himself in the Tyson case based on the facts there, but I respected his decision to remove any appearance of impartiality given the fact that Dershowitz had raised the issue.

If I had a relative as close as a daughter who had...

2011-12-22T21:06:59.053-05:00

If I had a relative as close as a daughter who had so publicly helped initiate a complaint against a standing elected official, I would recuse myself so that there would be no appearance of impartiality. Ms. Rosenberg and other Democrats publicly called on the Hamilton Co. prosecutor to recuse herself from investigating White simply because she was from the same political party as him. She complied with their request. I think the Republican attorneys made a grave error in not asking Judge Rosenberg to recuse himself given his daughter's role in bring about this election contest. The Indiana Supreme Court rebuked then-Marion Co. Superior Court Judge Cale Bradford because he participated in deciding among a panel of judges a redistricting dispute over the city-county council maps because his brother happened to sit on the city council at the same time. The Democrats screamed bloody murder over Bradford's participation at the time. Chief Justice Randy Shepard recused himself from participating in Mike Tyson's appeal of his rape conviction simply because of something his wife said to Alan Dershowitz at a cocktail party in passing. It's always hypocrisy on these matters when it comes to members of your party. You can bend the election rules all you want to benefit your candidates at the same time you want to club over the head any Republican for the smallest of infractions.

You can disagree with Judge Rosenberg on his decis...

2011-12-22T20:48:36.186-05:00

You can disagree with Judge Rosenberg on his decision, but to call his judicial temperament into question based upon his family...or even to imply it...is beyond the pale. Shame on you.