Secretary of State, Charlie White, who is defending against voter fraud allegations related to his reported residency, undertook to represent himself. This was, apparently, a mistake. He filed a petition for transfer, asking the Indiana Supreme Court to review the matter. However, it’s too early in the process for him to do this. The Indiana Supreme Court issued an order (pdf) (h/t Indiana Law Blog) rejecting the petition.
By way of explanation, the Supreme Court said that App. R. 56(A) only gives him the right to skip the Court of Appeals (assuming, for the sake of argument, that the prerequisites for that rule are present). It does not give a party the right to skip the trial court. This matter has been heard by the Indiana Recount Commission. The commission’s decision is subject to review by a trial court; in this case the Circuit Court of Marion County.
The relevant Appellate Rule states:
A. Motion Before Consideration by the Court of Appeals. In rare cases, the Supreme Court may, upon verified motion of a party, accept jurisdiction over an appeal that would otherwise be within the jurisdiction of the Court of Appeals upon a showing that the appeal involves a substantial question of law of great public importance and that an emergency exists requiring a speedy determination. If the Supreme Court grants the motion, it will transfer the case to the Supreme Court, where the case shall proceed as if it had been originally filed there.
Secretary White’s problem was that this case is not yet within the jurisdiction of the Court of Appeals.
I thought he had super-lawyer Carl Brizzi handling his case AND public relations …
I think Brizzi is just on the criminal deal. James Bopp was on the administrative case, but no longer. Don’t know if he cost too much or what.
Pretty basic stuff. So basic in fact that we decided not to file a formal response to White’s motion. But he’s only Secretary of State, not Attorney General.
Nicely explained. Perhaps Mr. Bopp didn’t want to carry out the desired filing of a client when the filing would make the lawyer look silly.
This is pretty much what I expected, especially when one considers that White has had very little real world legal experience. I just wonder if his buddy Brizzi, about whom the odor of corruption also has lingered, will bail before the next hearing in the criminal case, currently set for January. That could result either in yet ANOTHER continuance, or the entertaining sight of White defending himself.
As that noted legal scholar Gomez Addams observed, “They say a man who represents himself has a fool for a client and a jackass for a lawyer. With god as my witness—I AM that jackass!”
Let’s not forget that Mr. White’s court day security is provided by his Mom and Dad either.
Mark, The Addams Family? You da man!
Jim Bopp…like Denny Zahn…probably dropped Charlie when they found out what the actual evidence is in the criminal matter…Charlie hid the evidence from everyone because he didn’t think the Special Prosecutor’s knew about it…they do…believe me…they do…the public has no idea of the actual evidence…Charlie’s lies embarrassed both Zahn and Bopp…even Brizzi has kept a very low public profile after receiving the discovery from the Special Prosecutors…Zahn walked into the Hamilton County Courthouse and personally filed his Withdrawl the Monday after Brizzi mouthed off about the “politicization” of the case in the Sunday Indianapolis Star…with apparently no notice to White or Brizzi
I am shaking my head that this is an official who won an election and that his office is a common springboard to higher positions. Heaven help Indiana, as it seems we cannot help ourselves.