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AG to appeal secretary of state ineligibility case

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Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.

Marion Circuit Judge Lou Rosenberg ruled Dec. 21 that White couldn’t be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. In June 2011, the Indiana Recount Commission unanimously voted to allow White to remain in office; the Indiana Democratic Party appealed, which led to Rosenberg finding that White wasn’t residing at the home he listed for voting as is statutorily required.

The Recount Commission said it planned on appealing but wouldn’t be able to take up the issue immediately because of uncertainty about the commission’s membership and 48-hour notice requirements for meeting.

On Dec. 23, Zoeller sent out a statement saying he will appeal the ruling for the Recount Commission. He said that his office represents the state and the public interest and it isn’t necessary for the AG’s office to wait to appeal until the commission can meet and vote on seeking an appeal. Zoeller’s statement says that the motions to trigger the appeal will be filed “soon.”

 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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