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Hammond Council agrees to support lawsuit calling for election of superior court judges

Hammond Mayor Tom McDermott Jr. speaks during the May 23 Hammond City Council meeting.
screenshot from Go Hammond Facebook page
Hammond Mayor Tom McDermott Jr. speaks during the May 23 Hammond City Council meeting.

A lawsuit aiming to change the way judges are selected in some of Indiana's largest counties is gathering support.

Currently, 88 counties elect their superior court judges directly. But in Lake, Allen, Marion and St. Joseph counties, they're selected by the governor from a pool of candidates created by a judicial nominating commission. Voters only have the option to retain or reject them, when their term ends.

Hammond mayor and U.S. Senate candidate Tom McDermott Jr. has been spearheading a federal lawsuit claiming the system is unconstitutional. "It's just not right that four counties in the state of Indiana have been identified as counties where you can't elect your own judges, and we're one of those four counties. And if you look at the common characteristics of all four of those counties, it's counties with high minority populations and, in particular, high African-American populations," McDermott told the Hammond City Council this week.

The city council unanimously passed a resolution supporting the lawsuit. The Lake County Council passed a similar measure earlier this year. Now, McDermott hopes South Bend, Fort Wayne and other communities sign on.

"What we're seeking is equality. We want to be treated like all the other counties in Indiana. Over here in Lake County, we have to go through this arcane system that's set up by the governor and the supermajority. Right across the border in Porter County, they get to elect all their judges. It makes no sense," McDermott added.

McDermott felt that the lawsuit wouldn't happen without Hammond's initiative. But resident George Stoya questioned why the city should have to pay for it.

"What are we looking at here? Are we the only ones paying the bill here? He talked about, 'We got the best lawyers.' You know what that means? Cha-ching, Cha-ching. Probably beginning around $400 an hour. Are we paying them? I thought we were going broke here in this city," Stoya told council members.

Several Hammond City Council members voiced their support for the lawsuit, saying that residents of all Indiana counties should elect their judges.

Michael Gallenberger is a news reporter and producer that hosts All Things Considered on 89.1 FM | Lakeshore Public Media.