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Reported by: Patrick Fazio Friday, Nov 14, 2008 @06:41pm EST Terre Haute residents wonder what happens next after last year's mayoral election is ruled void, requiring a special election.
On Thursday, Indiana's Court of Appeals ruled Mayor Duke Bennett ineligible for office because his old job paid him with federal money. The court also ruled former mayor Kevin Burke is not entitled to be mayor because he sued Bennett after the election. Bennett says he can legally stay as mayor while his lawyer appeals the ruling. "There's no jurisdiction for anybody, any trial court, or any other entity besides the Indiana Supreme Court to take this case," says Bryan Babb, Mayor Bennett's attorney, who expects Indiana's Supreme Court to hear the case, after Bennett appeals within the next month. "We have 30 days to seek transfer to the Indiana Supreme Court and we will certainly do so." Babb also says both sides need time to prepare for new issues raised by the Court of Appeals ruling. "At the end of the 30-day period we'll seek transfer," Babb says, "and then they have 20 days to file their responsive brief and then we have 10 days after that to file our closing brief." So after those 60 days, Indiana's Supreme Court would also need time. "The Indiana Supreme Court probably no sooner than a couple of months from now will decide whether to take the case," says Babb. Then probably months more to issue a decision if they decide to hear the case. It probably wouldn't be considered an 'emergency' case, because Indiana's Supreme Court made Indiana's Court of Appeals hear the case first. "The Indiana Supreme Court previously denied to take this case on emergency transfer which is worthy of mentioning," Babb says. If Indiana's Supreme Court does hear the case, it's decision would be final. "I don't think there would be a situation where we would seek the U.S. Supreme Court's assistance because this is Indiana law," Babb says. The Indiana Court of Appeals ruling actually sends the case back to Vigo County Judge David Bolk to start a special election. But Judge Bolk is supposed to wait for Bennett's appeal to go through Indiana's Supreme Court over the next few months. |