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Zoeller moves to strike Ritz’s suit against Board of Education

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Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.

The AG’s office filed a motion to strike and asked Marion Circuit Judge Louis Rosenberg to set a hearing on its request. Zoller argues Ritz’s suit brought by Department of Education attorneys Bernice A.N. Corley and Michael G. Moore is barred by statute. Ritz, a Democrat, alleges in the suit that board members appointed by Republican governors acted illegally to strip her office of oversight of the A-F school-grading system.

The system adopted under Ritz’s predecessor, Republican Tony Bennett, was widely criticized after the discovery of emails indicating the department under Bennett’s leadership improved the grades of charter schools connected to campaign donors.

The motion from Zoeller, a Republican, cites I.C. 4-6-2-1 that provides the AG “shall prosecute and defend all suits that may be instituted by or against the state of Indiana.”

“Without the consent of the Attorney General, no state official may hire or utilize private counsel to represent herself in an official capacity suit,” the motion claims. “…Therefore, as Chair of the Indiana State Board of Education and Indiana Superintendent of Public Instruction, the representation of Plaintiff Ritz’s legal interests lies exclusively in the hands of the Attorney General,” the filing says.

Ritz’s suit claims the actions of board members, including drafting a letter to Republican legislative leaders to advocate for changing who’s in charge of school grades, violated Indiana’s Open Door law. The filing by the AG’s office makes no reference to the allegations in Ritz’s suit.

“Attorney General Zoeller noted that his office has not taken sides on the Superintendent’s Open Door Law complaint or on the underlying policy disagreement” between Ritz and the board of education, the AG’s office said in a statement.

“For purposes of this motion filed today, the Attorney General does not represent the 10 individual board members, but rather state government itself and he is asserting that legal authority.  The Attorney General will monitor any related legal matters that might arise and represent state interests as needed,” the statement said.

As of Thursday afternoon, no hearings had been scheduled in the case.

Zoeller's motion comes a day after education board member Tony Walker asked the court to dismiss the suit.
 

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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