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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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