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Wednesday, January 04, 2012
Ind. Gov't. - Charlie White can remain in office for now [Updated]
That is what Judge Rosenberg ruled this morning, but I haven't seen the opinion yet.
Earlier today, the Indianapolis Star had this story by Carrie Ritchie on why the ruling is important.
[Updated at 9:50 am] Here is the 2-page "Entry on motion for stay of execution." Here is the reasoning:
A Motion for Stay is committed to the sound discretion of the trial court. In exercising that discretion in this case, the Court believes that the public interest is paramount to any other consideration, including the interests of the named parties. The Court must therefore carefully compare the likely consequences of granting or denying these Motions.If the Court grants the stay and its decision is upheld, there will be irreparable harm to the public measured by the delay in implementing the trial court's decision. The appellate courts may, however, expedite the consideration of an appeal. Thus, whatever harm may result from a granting of the stay can be minimized by the appellate courts.
If the Court grants the stay and its decision is reversed, no harm would result.
If the Court denies the stay and its decision is reversed, however, the negative consequences would be great and irreparable. If White were removed pursuant to this Court's Judgment and then reinstated as a result of reversal on appeal, key personnel currently serving under Mr. White might bccome unavailable in the interim. Important decisions might be twice reversed causing confusion on many important issues. The denial of a stay together with a subsequent reversal would unnecessarily weaken the performance of the Secretary of State regarding many critical functions, not the least of which is the oversight of the forthcoming general election.
It is true that turmoil may be unavoidable even if this Court grants the stay. If the criminal proceedings end in a conviction of White on felony charges, there may be a controversy as to how Mr. White's successor would be selected. This Court will not speculate, however, on how or even when that proceeding will conclude.
The Court rejects the Order tendered by the Petitioner. It unnecessarily injects the Court in issues not before it e.g. the method of selection of a successor to White, if he is convicted of a felony.
For all of the above reasons, the C01ll1 GRANTS THE Motions for Stay of Execution of its Judgment of December 22,20 II pending appellate review. No Appellate bond is required.
Posted by Marcia Oddi on January 4, 2012 09:33 AM
Posted to Indiana Government