ILNews

High court asked to intervene in recount

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court is being asked to toss out a trial judge's order for a Terre Haute mayoral race recount because the petitioner failed to include the winner's middle initial.

Attorney James Bopp Jr. with Terre Haute law firm Bopp Coleson & Bostrom filed an emergency request Thursday afternoon for the justices to intervene in the recount challenge, contending that Vigo Circuit Judge David Bolk didn't have jurisdiction to order a recount from the Nov. 6 election. Democratic Mayor Kevin Burke asked for a recount shortly after losing by 107 votes to Republican Duke Bennett.

But Bopp argues that Judge Bolk, who serves as both a Circuit and Superior judge, didn't have jurisdiction because of the variance in Bennett's name as it appeared in court papers and on the ballot. On the ballot, his full name with middle initial "A" is listed, while the challenge petition did not list that initial.

Therefore, the court can't rule on the recount, Bopp's brief says.

Earlier this week, Judge Bolk denied motions to dismiss recount and election challenge petitions on the name variance grounds, leading to the Supreme Court filing.

"While such an error might seem trivial, it was significant enough of a distinction to the legislature to amend recount of election requirements to specifically require a candidate's name as written on the ballot in a recount proceeding," the brief states, "and is likewise enough of an omission to divest (Vigo Circuit Court and Judge Bolk) of jurisdiction."

Bopp cites three Indiana Supreme Court cases as authority that specific names must be included and mirror the ballot: State ex Rel Young v. Noble Circuit Court, 332 N.E.2d 102 (Ind. 1975); Marra v. Clapp, 262 N.E.2d 631 (Ind. 1970); and State v. Lake Circuit Court, 121 N.E.2d 647, 649 (Ind. 1954).

This recount petition suffers a similar, fatal flaw as those cases, Bopp contends in his brief, and Burke's doesn't meet state law requirements.

Denying this petition would create extreme hardship for the newly-elected mayor by being "unnecessarily delayed" in taking the position and subject him to further scrutiny beyond the judicial jurisdictional scope, Bopp's brief states.

A trial has been scheduled for Dec. 17 on the recount challenges, according to the local court calendar, but that may not happen depending on action from the state's high court.
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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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