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Saturday, June 27, 2009
Ind. Courts - St. Joe Circuit Judge Michael Gotsch has ordered County Probate Judge Peter Nemeth, who handles juvenile cases, to appear in court Thursday
Some quotes from a long story today by Dave Stephens of the South Bend Tribune:
SOUTH BEND - Two judges are embroiled in a legal battle that could force one judge to appear before the other in court next week, as part of a case filed by a formerly homeless man seeking custody of his son.Circuit Judge Michael Gotsch has ordered County Probate Judge Peter Nemeth, who handles juvenile cases, to appear in court Thursday to explain why a 17-year-old boy hasn't been released from a foster home and returned to his father.
Gotsch made the order after a writ of habeas corpus petition was filed by Walter Jennings, who is seeking the custody of his son. Also ordered to appear are Linda Cioch, director of the county's Division of Child Services, and foster parent Christine Jacobs. * * *
James Masters, Nemeth's law partner and attorney, said Gotsch has no jurisdiction in the case and cannot make Nemeth appear in court.
On Friday, Masters filed a motion to quash the writ of habeas corpus, and he said he is confident Gotsch will rescind the writ once he reads the motion to quash.
“Nobody is going to appear (Thursday),” Masters said. “My motion to dismiss has been filed. My motion to quash has been filed. Judge Nemeth is not going to waste his time appearing before a judge who has no jurisdiction.”
Posted by Marcia Oddi on June 27, 2009 10:12 AM
Posted to Indiana Courts