Hearing

My case is in both State and Federal Court currently. All of my posts have dealt with the aspect of the case on the docket of the Southern District of Indiana Court, because I am under a gag order with respect to the State proceeding.

It is a matter of public record that the Marion County Juvenile Judge recused herself from the trial this past October. The Indiana State Supreme Court was to appoint a panel of three judges, from which both myself and the State were to be entitled to strike one entry. I instructed my counsel (I am represented in the State proceeding, and pro se in the Federal proceeding) that my sole criteria was to secure a Republican elected judge, and to select the best candidate on my behalf and without my input. This has happened, and I now know who my Judge will be. I learned today I will have a hearing in two weeks before her, presumably a pre-trial proceeding. She is seasoned, and I pray, impartial and fair.

I found an interesting case on the topic of the ACLU in researching my new Judges opinions:

http://www.aclu-in.org/upload/newsletters/certfinal.pdf

The trial and appellate courts both recognized a fundamental familial right under the Federal Fourteenth Amendment, though they found that compelling state interest justified abrogating the right.

Kevin