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Monday, April 25, 2011

Ind. Courts - "Judge orders recount panel to explain White lag"

Carrie Ritchie and Mary Beth Schneider of the Indianapolis Star report this evening:

A Marion County judge has ordered the Indiana Recount Commission and the State Republican chairman to explain why they haven’t moved quickly to resolve Democrats’ challenge to Charlie White’s eligibility to serve as secretary of state.

On April 7, Marion Circuit Court Judge Louis F. Rosenberg ruled the Democrats’ challenge is valid and told the Recount Commission to move forward with it quickly.

Attorneys for the Democrats filed a motion today to urge Rosenberg to resolve the matter in his court or to set a schedule the commission must follow to resolve the complaint.

Rosenberg agreed to hold a hearing on the issue Thursday.

The Democrats claim the commission hasn’t moved quickly enough to set hearing dates and they also criticized State Republican Chairman Eric Holcomb for not appointing a commission member to replace White, who serves on the three-member commission but has recused himself from matters pertaining to his own case.

AP reporter Charles Wilson reported earlier this afternoon:
Attorneys for state party Chairman Dan Parker said in papers filed in Marion Circuit Court that the Indiana Recount Commission had yet to meet to discuss White's candidacy despite an April 7 ruling ordering it to handle the issue "expeditiously."

"It is now nearly three weeks since this court ordered the commission to move expeditiously and offered the commission the opportunity to work to restore the credibility of the political system in the eyes of Indiana voters," the motion said. * * *

Since the April 7 ruling, Parker has named a new Democratic member to the politically appointed panel and White has recused himself as required by state law. GOP Chairman Eric Holcomb has yet to appoint White's replacement.

White's attorney appealed the decision last week in a move that Democratic attorneys described as a stalling tactic to gain time for legislators to change the law governing who would replace White if he were removed. Democrats say state law currently requires the runner-up, Democrat Vop Osili, to replace White — but a bill in the General Assembly would allow such vacancies to be filled by the governor. * * *

White's attorney, Jim Bopp, says the case is now in the hands of the Indiana Court of Appeals.

"We've appealed the judge's ruling, and that means the ruling isn't going to be acted upon until the courts decide if his ruling is valid or not," Bopp said.

But Democratic attorney Bill Groth said state law allows the case to continue unless a stay is ordered by the trial court or the Court of Appeals. Groth also said Judge Louis Rosenberg's ruling was not a final order and thus not immediately appealable, and he intends to file documents to have the appeal set aside.

Here is Judge Rosenburg's April 25th order.

Posted by Marcia Oddi on April 25, 2011 07:36 PM
Posted to Indiana Courts