ILNews

Court rules on Merit Board election

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruled today that John Buncich can retain his elected position on the Lake County Sheriff's Merit Board. In Lake County Sheriff's Merit Board v. John Buncich, et al., the court affirmed the trial court's decision in favor of Buncich's complaint for declaratory judgment and preliminary injunction, and in the alternative a temporary restraining order to prevent a new election.

Buncich ran for a vacant position on Lake County Sheriff's Merit Board in June 2006 and received 83 of the 120 votes cast. Prior to the election, it was determined there were 168 eligible voters. Lake County Police Department Chief Marco Kuyachich and Merit Board recording secretary Geraldine Larson concluded that Buncich did not win the election because he did not receive a "majority" of the votes of the LCPD members, even though he had the majority of votes cast. They argued 85 votes were needed to qualify as the winner, and the Merit Board voted to hold another election.

Buncich filed a complaint in the Lake Superior Court, asking the trial court to declare him the winner of the election and prohibit the Merit Board from taking any action until the vacant seat was filled. The trial court ruled in Buncich's favor.

In today's opinion authored by Justice Patrick Sullivan, the Merit Board sought an appeal stating the trial court should have dismissed Buncich's action because "an action in the nature of quo warranto is the only proper remedy." An action in quo warranto may be filed "[w]hen a person usurps, intrudes into, or unlawfully holds or exercises a public office or franchise in Indiana ..." I.C. §34-17-1-1(1).

According to the applicable statute, Judge Sullivan writes that there is no person against whom an action in quo warranto could be brought because no one occupies the seat on the Merit Board.

The Merit Board also argued that while Buncich received the majority of votes cast, he did not receive the majority vote of all the 168 members, thus he did not win the election, citing Indiana statute §36-8-10-3(b). Breaking down the statute, the court found that the word "majority" describes "vote" not "the members of the county police force." It concluded that based on I.C. §36-8-10-3(b), a successful candidate only needs to obtain a majority vote of the members who do vote. Judge Sullivan wrote also that the trial court did not error in using extrinsic sources to modify the plain meaning of the statute - in this case Robert's Rules of Order.

The Merit Board also argued that there was insufficient evidence before the trial court that Buncich was qualified to hold office as a member of the Merit Board. But because this issue was only argued and no evidence was introduced, the Court of Appeals ruled the Merit Board could not inject this issue at such a late stage.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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