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Saturday, November 04, 2006
Ind. Courts - St. Joseph County Prosecutor Michael Dvorak sued opponent Greg Kauffman on Friday
The South Bend Tribune reports today, in a story by Patrick M. O'Connell that begins:
In an unorthodox political move only four days before the election, St. Joseph County Prosecutor Michael Dvorak sued opponent Greg Kauffman on Friday, alleging the Republican challenger's television commercials are false and defamatory.The petition filed Friday in St. Joseph Circuit Court alleges the 30-second television ad airing on two local stations "injures the reputation, diminishes esteem, respect, good will and confidence in" Dvorak. A judge will hear the case this morning.
In the commercial, which began running Friday two times a day, Kauffman says Dvorak "contradicts state law" because he hired his wife, Kathleen Dvorak, to run the prosecutor's child support division.
Kauffman has claimed throughout the campaign that Dvorak's hiring of his wife represents nepotism. Dvorak, a Democrat, has said consistently he violated no laws because he does not personally supervise his wife. Dvorak provided a list of several other Indiana prosecutors who have family members working on their staffs.
Dvorak's camp requested a temporary restraining order or preliminary injunction, asking the court to immediately stop the commercials. An emergency hearing on the petition was held at the courthouse in Mishawaka minutes before the building closed for the weekend.
But the commercials were still scheduled to run Friday night and Saturday morning on WSBT and WNDU after Magistrate David T. Ready ordered another judge to hear the case.
Ready can only make a recommendation on the petition to Circuit Court Judge Michael Gotsch, who served in Dvorak's administration when Kathleen Dvorak was hired.
Ready granted Kauffman's request for a new judge based on grounds of impartiality and conflict of interest.
A hearing in front of St. Joseph Superior Court Judge David C. Chapleau is scheduled for 10 a.m. today to decide the issue.
Posted by Marcia Oddi on November 4, 2006 08:08 AM
Posted to Indiana Courts