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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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