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Tuesday, January 12, 2010

Ind. Courts - "Notre Dame anti-abortion protesters to get new judge"

Updating this ILB entry from Dec. 3, 2009, Alicia Gallegos of the South Bend Tribune reports today:

MISHAWAKA — After an extensive debate, a Mishawaka judge has recused herself from the cases of nearly 90 anti-abortion protesters who have opted to take their cases to trial.

St. Joseph Superior Judge Jenny Pitts Manier confirmed Monday that she had recused herself from the cases.

The cases stem from a large group of people who were arrested on University of Notre Dame property in May protesting President Barack Obama's selection as commencement speaker. All 88 of the anti-abortion advocates have opted to take their trespassing cases to trial.

Manier's recusal comes after repeated arguments by defense attorney Thomas Dixon that Manier is biased and should not oversee the cases because of her husband's past post as a University of Notre Dame professor.

Manier previously has disagreed, arguing that her husband has no personal or professional interest in the outcome of the Notre Dame cases at hand and that their relationship in no way affected her court rulings.

After several motions and hearings, the recusal dispute was sent to the Court of Appeals for a final ruling. But Manier reversed her decision before the higher court reviewed the issue, thus making the appeal moot.
When asked Monday, Manier said she could not comment on her reasons behind the recusal because the cases were still pending.

“I think it would be inappropriate for me to say anything more but I'm recusing myself,” she said. * * *

Manier has directed the cases to St. Joseph County Chief Judge Michael Scopelitis who will now assign the case to a new judge.

Dixon said there is still no telling when or if the cases will head to trial, but added that not having to wait on the Court of Appeals decision will no doubt speed up the court process.

Posted by Marcia Oddi on January 12, 2010 09:43 AM
Posted to Indiana Courts