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Judges divided over whether city attorney could participate in demolition decision

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Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.

The city of Hammond declared a residence of Hugo Torres uninhabitable. The city conducted a hearing on the order, and the hearing board consisted of the city controller, the city engineer and the city attorney. They ordered the property demolished. The trial court affirmed.

In Hugo Torres v. City of Hammond and City of Hammond Board of Public Works and Safety, 45A03-1306-PL-205, Judges Melissa May and Chief Judge Nancy Vaidik reversed, finding Torres was deprived of his due process right to an impartial decision maker when the Hammond city attorney served on the board at the hearing while an assistant city attorney represented Hammond. The judges cited City of Hammond v. State ex rel. Jefferson, 411 N.E.2d 152, 153 (Ind. Ct. App. 1980) in support of their decision.

Judge Patricia Riley dissented, writing she did not find Jefferson to be controlling. She believed Rynerson v. City of Franklin, 669 N.E.2d 964, 967 (Ind. 1996) provides guidance.

“Giving due consideration to the presumption of honesty, integrity, and conscientiousness, I find that the present situation is free from an appearance of impropriety as Torres fails to point to any evidence — besides the city attorney’s mere presence on the Board — establishing the city attorney’s actual bias or prejudice. Nor was there any actual bias or prejudice on the part of the two other participating members of the Board,” Riley wrote.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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