Indiana Supreme Court justices unanimously voted to grant a permanent writ of mandamus and prohibition in a case out of Howard Superior Court.
Relators Jeffrey Scott Bousum and Regina Lee Bousum alleged Judge Stephen M. Jessup of Howard Superior Court 2 failed to rule on motions for summary judgment within the Trial Rule 53.1 time limits after a hearing on those motions. They also allege trial court clerk Mona L. Myers failed in her duty to withdraw the case from the trial court upon the filing of the relators' praecipe and to transmit the case to the Supreme Court for the appointment of a special judge.
In the order from Wednesday, the Supreme Court directed Judge Jessup to vacate any orders or judgment issued after the filing of the praecipe on June 1, 2009, and to stop exercising jurisdiction over the case except for administrative tasks needed to execute the writ. Clerk Myers is to give written notice to the judge and the Supreme Court that the submission of the case has been withdrawn.
The judge must also file a written report pursuant to Trial Rules 53.1(F) and 53.2(F) once the clerk complies with Trial Rule 53.1(E)(2) and the high court issues an order appointing a special judge. The writ is effective immediately.