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Court consolidates Lake County voter cases

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The Indiana Supreme Court has stepped in to settle conflicting rulings from two Lake County courts regarding early-voting sites in East Chicago, Gary, and Hammond, deciding that consolidating the cases to proceed in Lake Superior Court is the "most orderly approach."

In the order State of Indiana ex rel., John B. Curley, et al. v. The Lake Circuit Court and Hon. Lorenzo Arredondo, as judge thereof, No. 45S00-0810-OR-555, issued late Tuesday evening, the majority noted that normally such actions are viewed with disfavor and the court doesn't grant writs of mandamus and prohibition when there is an adequate remedy through the appellate process; however, it noted the conflict in this case between the Circuit and Superior courts' decisions warrants the high court's attention.

Realtors John B. Curley, as chairman of the Lake County Republican Committee, and Jim B. Brown, as a member of the Lake County Board of Elections and Registration, filed an action Oct. 2 in Lake Superior Court against the Lake County Board of Elections and Registration and Judge Thomas Philpot, not individually but as the Lake County Clerk. On Oct. 6, the United Steelworkers District 7; Hammond Teachers Federation Local 394, American Federation of Teachers; Earline Rogers; and Roxanna Luco filed an action in Lake Circuit Court against the Board of Elections and Registration.

The board removed the Superior Court case to the U.S. District Court, Northern District of Indiana; while the case was pending before the District Court, the Superior Court entered a temporary restraining order directing the board not to open early-voting sites in Lake County. The Circuit Court entered a temporary restraining order three days later directing the board to open early the voting sites.

The plaintiffs in the Superior Court case filed the original action contesting the jurisdiction of the Circuit Court over the similar lawsuit.

Citing Indiana Trial Rule 42(D), Chief Justice Randall T. Shepard and Justices Brent Dickson, Frank Sullivan, and Theodore Boehm ruled that the Circuit Court case should be consolidated with the Superior Court case, with both matters proceeding before the Superior Court on a consolidated basis. The majority upheld the preliminary injunction entered by the Circuit Court Oct. 14 directing the board to open early-voting sites, and instructed the parties to exercise any right to a change of judge.

Justice Robert Rucker dissented from the majority's decision, writing he would deny the requested issuance of the writ and allow the Circuit Court's restraining order to stand. Curley and Brown, who sought this order, didn't request or mention that they wanted the cases consolidated. In their petition, the only relief they requested was to have the Circuit Court lawsuit dismissed, wrote Justice Rucker.

Justice Boehm concurred in result with the majority in a separate opinion, but agreed with Justice Rucker that ordinarily this type of writ would be denied because dismissal under Trial Rule 12(B)(8) is not mandatory. However, because the conflicting rulings between the courts causes uncertainty for voters as to whether they can vote before Election Day, he concurs with consolidating the cases in order to expedite the resolution.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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