ILNews

High court denies rehearing in secretary of state eligibility suit

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The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.

The justices denied White’s petition for rehearing Thursday in Charlie White, et al. v. Indiana Democratic Party, No. 49S02-1105-MI-291. They denied his motion to stay May 20 after granting emergency transfer under Indiana Appellate Rule 56(A) and dismissed the appeal.

The Indiana Recount Commission is investigating whether White was eligible to run for Indiana Secretary of State because he registered using a false home address during his campaign. Marion Circuit Judge Lou Rosenberg ordered commission members to hear a challenge from Democrats on White’s eligibility. There is an evidentiary hearing for the election contest scheduled June 21 and the commission has a self-imposed June 30 deadline for deciding the matter. The Indiana Recount Commission recently decided that the June 21 hearing will be streamed online and TV cameras will be allowed. White argued against allowing TV cameras in the hearing.

White also has criminal charges pending in Hamilton County, including felony voter fraud charges, and is scheduled to go to trial in August. He wanted the Supreme Court to stay the recount matter until the criminal case is resolved because he argued the voter fraud question is what is at issue in both matters. If White is convicted of a felony, he would not be able to hold office. He could also be removed from office if the commission determines he wasn’t legally registered and able to be on the ballot.

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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