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Wednesday, April 17, 2013

Ind. Decisions - Supreme Court issues order in Lake County judges dispute

The Supreme Court has posted this order, dated yesterday, which answers a question posed by Cordell Frank, the attorney representing the three magistrates. Frank asks for an "order that in effect waives any appearance of impropriety and thus allows counsel to resume practicing in the Lake Circuit Court and all divisions of the Lake Superior Court except a part of the Juvenile Division." The Court finds:

1. A judge who is named as a respondent in an original action is not required to disqualify from other matters in which the counsel for a relator in such original action has also appeared. The nature of original actions often requires such actions to name judges as responding parties, but this does not necessarily create a reasonable perception of partiality on the part of that judge as to other matters in which the relator's attomey is involved.

2. While such disqualification is not systematically required, each judge named as a respondent in an original action may nevertheless determine that disqualification is appropriate pursuant to Indiana Code of Judicial Conduct Rule 2.11 (A), due to the individual circumstances of any particular case as applied to such judge.

3. If any judge or group of judges named as respondents in an original action disqualifies from other actions in which an appearing attomey also represents a relator in an original action against such judge or judges, such disqualification does not preclude that attorney from practicing in any court because any such disqualification will be filled with a replacement judge as provided by law.

In other words, the Court has issued an order, but not the order.

For background, start with this post from April 1st.

Posted by Marcia Oddi on April 17, 2013 01:56 PM
Posted to Ind. Sup.Ct. Decisions