ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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