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Wednesday, April 04, 2012

Ind. Courts - "Special prosecutor appointed in ballot petition case"

A brief story in the South Bend Tribune reports that:

SOUTH BEND — The county prosecutor has stepped aside in the ballot petition case involving former county Democratic Party chair Butch Morgan and three others.

According to a press release, Mike Dvorak on Tuesday petitioned the court to appoint a special prosecutor in the case "for the reason that he may be called as a witness."

"Under the Indiana Rules of Professional Conduct … 'a lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness.'"

Dvorak's signature is one of several allegedly forged on petitions to place Democrats Barack Obama and Hillary Clinton on the Indiana primary ballot in 2008.

In Dvorak's place, the court has appointed former Vanderburgh County Prosecutor Stanley M. Levco special prosecutor, the press release states.

The prosecutor's office on Monday charged Morgan, Bev Shelton, Pam Brunette, and Dustin Blythe in the case. The four face multiple felony counts.

Here is an earlier AP story giving background, headed "Ex-Democratic official charged in Indiana petition forgery."

Posted by Marcia Oddi on April 4, 2012 09:12 AM
Posted to Indiana Courts