Thursday, March 21, 2013
Ind. Decisions - Supreme Court acts quickly in Lake County juvenile court dispute
Updating this entry from earlier today headed "Magistrates sue their judicial bosses over Lake Juvenile Court succession," the Supreme Court has this afternoon issued an Emergency Writ and Order on Further Proceedings.
The case is State ex rel. Commons, et al. v. Pera. (4SS00-1303-0R-209)
Relators, by counsel, have filed an application for a permanent writ of mandamus and prohibition and also have filed for an emergency writ to stay proceedings and maintain the status quo until this Court can address their request for a permanent writ.
The Court GRANTS the request for an emergency writ in the following manner. This Court ORDERS that any proceedings by Respondents concerning the transfer of Judge Schiralli to preside over the Lake Superior Court, Juvenile Division, are STAYED until the Supreme Court may rule upon Relators ' request for a permanent writ of mandamus and prohibition. By a separate order, the Supreme Court shall appoint a Judge Pro Tempore to preside over the Lake Superior Court, Juvenile Division, upon the retirement of Judge Bonaventura, until the Court may rule upon Relators ' request for a permanent writ of mandamus and prohibition.
This Court also determines that this original action warrants additional briefing. Accordingly, Respondents, by themselves or by counsel, may file a brief opposing issuance of the writ. * * * Such briefs should be filed directly with the Clerk of the Supreme Court in Indianapolis and must be physically on file with the Clerk (not merely in the mail) on or before noon, Indianapolis time, on Monday, April 8, 2013. Once briefing is completed, the Court will take the matter under advisement.
Posted by Marcia Oddi on March 21, 2013 02:52 PM
Posted to Ind. Sup.Ct. Decisions