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Chief’s recusal results in split Supreme Court

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The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.

On Tuesday, the high court heard arguments in Ronald Sanders, et al. v. Board of Commissioners of Brown County, et. al, No. 07S04-1010-CV-600, which hit on local government reform with a challenge to a countywide fire protection district created by county officials back in 2007.

The Brown County Commissioners in September 2007 enacted an ordinance establishing a fire district, but in January 2009 a new commission with two new members voted to dissolve it. Some residents pursued injunctive relief on grounds the dissolution ordinance was void because no dissolution petition or ordinance repeal had been filed.

The trial court granted summary judgment for the county officials, but the Court of Appeals in February 2010 reversed that ruling. The Supreme Court granted transfer and heard arguments this week, focusing on the state dissolution statute and how it applies here.

But Chief Justice Shepard wasn’t a part of the case. He’d recused himself after one of the attorneys had requested it on the first incarnation of the case – when some residents challenged the creation of the fire district – and it went before a different special trial judge and up through the appellate courts. The attorney asked the chief justice to step aside since he’d co-chaired a local government reform commission advocating for those types of changes, and the petition in late 2008 questioned the chief justice’s ability to be impartial in this case, having served as an advocate for what this case is about. At that time, the court voted not to grant transfer.

But now with this secondary case challenging the dissolution of the district, the chief justice’s recusal remained in effect and he didn’t participate.

Justice Brent Dickson served as the acting chief justice and he joined with Justice Frank Sullivan in believing the trial court decision was correct. But Justices Steven David and Robert Rucker disagreed and found the trial court decided incorrectly, resulting in a split.

“This rare circumstance is anticipated in our rules, which provide that in cases where the Supreme Court is evenly divided upon the proper disposition of the cause once transfer is granted, the decision of the Court of Appeals shall be reinstated,” an order says, citing Appellate Rule 58(c) and reinstating as precedent Gaudian v. Austin, 921 N.E. 2d 895 (Ind. Ct. App. 2010).

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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