ILNews

Delayed COA appeal declared moot

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals dismissed an appeal by an election board and political candidates who challenged a candidate's ability to run as an Independent because the candidate had already lost in the election when the appeal finally made it before the appellate court.

The appeal, Lake County Board of Elections and Registrations, Myrna Maldonado, Richard Medina, and Juda Parks v. Anthony Copeland, No. 45A04-0710-CV-560, came before the Court of Appeals after the November 2007 election because of an error in the clerk's office, which rendered the appeal moot.

Incumbent Anthony Copeland wanted to run as an Independent for an at-large seat on East Chicago's Common Council. He was originally elected to that seat in 2003 as a Democrat and at the time of filing his paperwork to run as an Independent, he was still the chairman of the East Chicago Democratic Committee.

Myrna Maldonado, Richard Medina, and Juda Parks (challengers) were also running for council seats and opposed Copeland's running as an Independent. They alleged under Indiana law, Copeland was not allowed to run as an Independent while still affiliated with the Democratic Party.

The Election Board voted to remove Copeland's name from the Nov. 6, 2007, ballot. An emergency hearing was set in September 2007, in which the trial court ruled there was no evidence presented by the challengers that would disqualify Copeland from running as an Independent. The court granted a preliminary injunction, ordering the Election Board to reinstate Copeland as a candidate. The challengers tried to have the Indiana Supreme Court accept the case, but the court denied the appeal.

The Court of Appeals in mid-October 2007 issued an order granting the challengers' motion to consolidate and motion to expedite. Their brief was due Oct. 18, 2007; Copeland's was due Oct. 24, 2007.

For reasons unknown to the court, the case wasn't transmitted to the appellate court until January 2008, wrote Judge Nancy Vaidik. The clerk of the courts online docket shows both sets of briefs were submitted either before or on their due dates; however, the appellant brief was filestamped Oct. 24, 2007, and Copeland's brief didn't initially have a stamp. It was later back-filestamped to Oct. 24, 2007.

Because of error on the part of both parties in filing, the clerk's office could not filestamp the briefs until they were complete, wrote Supreme Court Administrator and Clerk of the Appellate Courts and Tax Courts Kevin Smith in an e-mail to Indiana Lawyer. The challengers submitted the brief without a copy of the appealed judgment; they fixed the defect on Oct. 24, 2007, which is when it was filestamped. Copeland left out a copy of a page of his brief and failed to attach a proper certificate of service to show he served the challengers with the missing page, so his appeal was not filed.

"The following day, (Copeland) tendered an additional nine copies of the page missing from his brief, along with an updated certificate of service; however, the updated certificate of service was also insufficient to show that he had served the Appellants with the missing page. Accordingly, again his brief was not filed. At that point, we should have discussed with the Court of Appeals what it wanted for us to do. We failed to do so, however, and that was our fault," wrote Smith.

The reason the case continued to be delayed was human error and a flaw in the case management's calendaring, so the case was not transmitted to the Court of Appeals as it should have been, according to Smith. Copeland's brief was not filestamped with the date Oct. 24, 2007, until staff from the writing judge's chambers in January 2008 inquired on the case; his brief remained incomplete at that time.

"Thereafter, we investigated the causes that led to our oversight and uncovered the holes in our various systems that created the ability for this to happen. We immediately took steps to plug those holes," Smith wrote.

Smith wrote that even though those holes are now plugged, if a case does fall through an unforeseen crack in the system, counsel is encouraged to contact the clerk, deputy clerk, or Administration Office of the Court to find out if the case has been transmitted.

Because the case, which was supposed to be expedited, didn't appear before the appellate court until after the election, the appeal is rendered moot, wrote Judge Vaidik. Copeland was on the ballot and lost the election. Also, the appellate court chose to not rule on the case because even if the issues in the appeal are of great public importance, they are unlikely to recur.
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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT