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Friday, May 17, 2013

Ind. Decisions - Supreme Court rules in Lake County dispute [Updated]

In State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al., a 9-page, 5-0, per curiam opinion, the Court concludes:

Indiana Code section 33-33-45-21(e) prevents the Judges from reassigning, transferring, or rotating Judge Schiralli from the County Division to the Juvenile Division. However, this prohibition does not preclude him from applying to be appointed, under the merit-selection process in Indiana Code section 33-33-45-38, to fill a vacancy in the other divisions of the court. The Court denies the Magistrates’ request for a permanent writ that would more broadly prohibit any current Judge from being transferred or reassigned to the Juvenile Division.

This opinion is final. No petitions for rehearing or motions to reconsider shall be filed. Orig. Act. R. 5(C). The Clerk is directed to certify this opinion as final and to send a certified copy to each of the Respondent Judges and to all counsel of record.

For background, see this list of ILB entries.

[Updated at 10:27 AM] Here is NWI Times reporter Marisa Kwiatkowski's just-posted story on the opinion.

Posted by Marcia Oddi on May 17, 2013 09:56 AM
Posted to Ind. Sup.Ct. Decisions