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Monday, September 25, 2006

Ind. Courts - Judge Ridlen rules in Leo Burns' ballot battle for Cass County Circuit Court Judge

Joe Ulery reports via Mix 102 out of Logansport:

Cass County Circuit Court Judge Julian Ridlen has issued a permanent injunction that translates into Democrat Leo Burns' name being placed onto the fall election ballot.

Burns is running for Circuit Court judge, but filed suit in Ridlen's court after his candidacy was not certified by the Indiana Election Division. The state office claimed that the necessary paperwork for Burns' candidacy was filed in the wrong office.

The paperwork was filed in the Cass County Clerk's Office by Democratic Chairman Matt Meagher, not in Indianapolis, where the information is supposed to be filed.

Burns said today, "that I am very happy and gratified by Judge Ridlen's courageous decision. Personally, I see it as a victory, but I think more importantly, I see it as a victory for all of the voters of Cass County."

The state has thirty days to appeal Ridlen's decision. There's no word yet on whether or not that appeal will be filed. The judge's decision to allow Burns' name on the ballot creates a contest between Burns, who is a Democrat, and Republican Sheryl Pherson.

Here is the story as reported in the Pharos-Tribune:
It may be later than most candidates would like to be added to a ballot, but it is better late than never for a Cass County Democrat.

Logansport attorney Leo Burns will be on the November Cass County ballot after all.

On Friday, Cass Circuit Court Judge Julian Ridlen ruled in favor of his request to override a decision by the Indiana Election Division of the Secretary of State’s Office. Ridlen, a Republican, could have cleared the way for another Republican, Sheryl Pherson, to win the race by default. Other than Pherson, who won a plurality in the GOP May primary, there are no other candidates running for Circuit Court judge.

Jim Austen, who served as co-counsel for Burns along with Courtney Justice, said Saturday night that voters deserve choices in elections and the decision allows them to have one.

“We are naturally very gratified that the voters would get a choice,” he said.

Burns was unavailable for comment Saturday night.

Barring an appeal of the decision by the state, Ridlen’s injunction sets up a race between two political newcomers in what is expected to be one of the premier races on the ballot.

For background, start with this ILB entry from last Thursday.

Posted by Marcia Oddi on September 25, 2006 02:39 PM
Posted to Ind. Trial Ct. Decisions