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Wednesday, June 18, 2014

Ind. Gov't. - Still more on "Union County Republican caucus turns down only prosecutor candidate"

Updating this ILB post from Dec. 16, 2013, "Kolger sues Union County GOP leaders over prosecuting attorney job" is the heading to this story today in the Richmond Palladium-Item, reported by Pam Tharp. Some quotes:

LIBERTY, IND. — Acting Union County prosecuting attorney Kathy Kolger has filed a civil suit to prevent the Union County Republican Party Central Committee from naming a new prosecutor to immediately fill the elected position vacated by former prosecutor Ronald Jordan last year.

Defendants in the lawsuit filed Thursday are Republican Party Chairman Alan Alcorn and the Union County Republican Central Committee.

Kolger also sought and received a temporary restraining order to keep the party from making the appointment at a party caucus scheduled for Tuesday evening.

Judge pro tem Eugene Stewart of Franklin County granted the temporary restraining order last week.

Fayette Circuit Judge Beth Butsch is the presiding judge in the case. A hearing on the temporary restraining order will be held at 10:30 a.m. Wednesday in Fayette Circuit Court.

Kolger’s lawsuit argues the deadline for filling the vacant office expired 30 days after Jordan’s resignation. The Republican Party Central Committee at a caucus in November declined to appoint Kolger to the position, and she did not file to run for the office in the May primary. * * *

Kolger’s lawsuit says the “no” vote by the caucus on Nov. 20, 2013, was the final decision on filling the office and the caucus is barred by law from reconvening to fill the position beyond the deadlines and after the final decision made Nov. 20.

Indiana law does allow filling vacancies after the deadline, but only in the case of town councils and township board members, not prosecuting attorneys, the lawsuit said.

Kolger has all of the office’s rights and duties and should serve for the reminder of the unexpired term, the suit said.

Posted by Marcia Oddi on June 18, 2014 11:39 AM
Posted to Indiana Government