ILNews

Delayed COA appeal declared moot

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals dismissed an appeal by an election board and political candidates who challenged a candidate's ability to run as an Independent because the candidate had already lost in the election when the appeal finally made it before the appellate court.

The appeal, Lake County Board of Elections and Registrations, Myrna Maldonado, Richard Medina, and Juda Parks v. Anthony Copeland, No. 45A04-0710-CV-560, came before the Court of Appeals after the November 2007 election because of an error in the clerk's office, which rendered the appeal moot.

Incumbent Anthony Copeland wanted to run as an Independent for an at-large seat on East Chicago's Common Council. He was originally elected to that seat in 2003 as a Democrat and at the time of filing his paperwork to run as an Independent, he was still the chairman of the East Chicago Democratic Committee.

Myrna Maldonado, Richard Medina, and Juda Parks (challengers) were also running for council seats and opposed Copeland's running as an Independent. They alleged under Indiana law, Copeland was not allowed to run as an Independent while still affiliated with the Democratic Party.

The Election Board voted to remove Copeland's name from the Nov. 6, 2007, ballot. An emergency hearing was set in September 2007, in which the trial court ruled there was no evidence presented by the challengers that would disqualify Copeland from running as an Independent. The court granted a preliminary injunction, ordering the Election Board to reinstate Copeland as a candidate. The challengers tried to have the Indiana Supreme Court accept the case, but the court denied the appeal.

The Court of Appeals in mid-October 2007 issued an order granting the challengers' motion to consolidate and motion to expedite. Their brief was due Oct. 18, 2007; Copeland's was due Oct. 24, 2007.

For reasons unknown to the court, the case wasn't transmitted to the appellate court until January 2008, wrote Judge Nancy Vaidik. The clerk of the courts online docket shows both sets of briefs were submitted either before or on their due dates; however, the appellant brief was filestamped Oct. 24, 2007, and Copeland's brief didn't initially have a stamp. It was later back-filestamped to Oct. 24, 2007.

Because of error on the part of both parties in filing, the clerk's office could not filestamp the briefs until they were complete, wrote Supreme Court Administrator and Clerk of the Appellate Courts and Tax Courts Kevin Smith in an e-mail to Indiana Lawyer. The challengers submitted the brief without a copy of the appealed judgment; they fixed the defect on Oct. 24, 2007, which is when it was filestamped. Copeland left out a copy of a page of his brief and failed to attach a proper certificate of service to show he served the challengers with the missing page, so his appeal was not filed.

"The following day, (Copeland) tendered an additional nine copies of the page missing from his brief, along with an updated certificate of service; however, the updated certificate of service was also insufficient to show that he had served the Appellants with the missing page. Accordingly, again his brief was not filed. At that point, we should have discussed with the Court of Appeals what it wanted for us to do. We failed to do so, however, and that was our fault," wrote Smith.

The reason the case continued to be delayed was human error and a flaw in the case management's calendaring, so the case was not transmitted to the Court of Appeals as it should have been, according to Smith. Copeland's brief was not filestamped with the date Oct. 24, 2007, until staff from the writing judge's chambers in January 2008 inquired on the case; his brief remained incomplete at that time.

"Thereafter, we investigated the causes that led to our oversight and uncovered the holes in our various systems that created the ability for this to happen. We immediately took steps to plug those holes," Smith wrote.

Smith wrote that even though those holes are now plugged, if a case does fall through an unforeseen crack in the system, counsel is encouraged to contact the clerk, deputy clerk, or Administration Office of the Court to find out if the case has been transmitted.

Because the case, which was supposed to be expedited, didn't appear before the appellate court until after the election, the appeal is rendered moot, wrote Judge Vaidik. Copeland was on the ballot and lost the election. Also, the appellate court chose to not rule on the case because even if the issues in the appeal are of great public importance, they are unlikely to recur.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT