ILNews

Court consolidates Lake County voter cases

Back to TopCommentsE-mailPrintBookmark and Share

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.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT