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Monday, January 07, 2008

Ind. Gov't. - Still more on Anderson and Terre Haute mayoral disputes [Updated]

Updating this ILB entry from Jan. 4th, the Anderson Herald Bulletin is reporting:

A special judge will hear a legal challenge to the eligibility of Anderson Mayor Kris Ockomon.

On Jan. 3, Acting Chief Justice for Indiana Brent E. Dickson ordered under Indiana Trial Rule 79 that Henry Superior Court Judge Michael D. Peyton be brought in to hear the case. Madison Superior Court Judge Dennis Carroll recused himself, thereby remanding the case to the Indiana Supreme Court.

Here is the order itself.

As for Terre Haute, the TribStar reports today:

Attorneys for former Mayor Kevin Burke on Friday filed a motion for the challenge to Mayor Duke Bennett’s candidacy to be moved to the Indiana Supreme Court.

Burke last week appealed the decision made by Judge David Bolk, of Vigo County Superior Court Division 3, that paved the way for Bennett to take office Jan. 1. Burke lost to Bennett in November’s general election. Burke then challenged Bennett’s candidacy due to the Hatch Act, a federal law limiting the political activity of employees of some not-for-profits receiving federal funding.

Burke’s attorneys filed the appeal notice Thursday, then filed the motion to transfer Friday, the Indiana Clerk of the Courts online docket reports.

“This set of circumstances presents a rare case where it would benefit the public to have the Supreme Court accept jurisdiction over the pending appeal,” attorneys wrote in the transfer motion, “despite the fact that the matter would otherwise be within the jurisdiction of the Court of Appeals.”

[Updated 1/8/08] The Trib-Star has an expanded story today headed "Indiana’s high court could hear Burke’s case: Move would bypass state Court of Appeals." A quote:
Burke’s counsel on Friday filed the motion, a day after Burke formally appealed the Dec. 21 ruling that allowed Bennett to take office, the Indiana Clerk of the Courts online docket reports. If approved, the move would transfer jurisdiction to the high court.

“This set of circumstances presents a rare case where it would benefit the public to have the Supreme Court accept jurisdiction over the pending appeal,” Burke attorneys wrote in the transfer motion, “despite the fact that the matter would otherwise be within the jurisdiction of the Court of Appeals.”

Bennett attorney James Bopp Jr., said that the motion did not seem justified.

“Well, the normal process is that it goes through the Court of Appeals, and only the most important cases are ultimately determined by the Supreme Court,” he said, “and I really doubt that the issues involved here merit that.”

Posted by Marcia Oddi on January 7, 2008 12:59 PM
Posted to Indiana Government