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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. 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.

  2. 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.

  3. 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.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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