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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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