Judicial Apathy Costing Justice in Lake County

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published August 05, 2013

By Author - LawCrossing

How long is it going to take William Young to get justice, considering that the cases of the law firm representing him is being transferred to other courts, and his case being delayed for feeble reasons? Clients of the law firm of Thiros and Stracci like Young are experiencing delay of justice due to judicial apathy. Apparently, a Lake Superior Court Judge Nicholas Schiralli, is cancelling hearings on matters filed by Thiros and Stracci and transferring all cases handled by it to other courts.

The reason? The law firm is not accused of any wrong doing. However, nwitimes.com published in their investigative report on Monday, that a member of the law firm of Thiros and Stracci was involved in getting a legislation passed that had an impact on the promotional prospects of the judge.

Apparently judge Schiralli was aspiring for the position of the head of the Lake Juvenile Court, which was vacant, and the legislation set the bars in a manner that precluded Schiralli from being considered for the post.

The matter became the subject of legal battle and ultimately the controversy over the position was settled by the Indiana Supreme Court which barred judges who did not undergo merit selection to be considered for the post. Schiralli had not undergone merit selection as had other superior court judges considered for the post.

Last week, Lake County Prosecutor Bernard Carter categorically denied any relationship conflict in the cases of Thiros and Stracci being refused by judge Schiralli. He said that if that was the issue, then his office would have appointed a different deputy. However, in this case, it was more of the judge disqualifying himself and refusing to hear the cases brought on file by the law firm.
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However, the reasoning of the judge is difficult for those seeking justice like Young whose neck was broken in a motor accident, and when a man allegedly drinking under influence rammed his motorcycle from the rear.

In Young's case, the law firm had even moved a "mandatory disposition conference" so that Schiralli resolved Young's case or set it for trial. However, the hearing was canceled and people like Young were left in the lurch.

With judges pointing out that federal budget cuts are already affecting their ability to dispense justice, the delay in cases of people like Young should be taken more seriously by the judiciary - as it seems to border too close to abuse of judicial discretion.
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