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Thursday, September 10, 2009

Ind. Courts - More on "Group challenges arrests of Notre Dame protesters"

Updating this June 4th ILB entry, quoting a South Bend Tribune story that began:

SOUTH BEND — Just when Notre Dame officials thought the storm of controversy over President Barack Obama's commencement address and honorary degree had quieted, a new set of dark clouds is brewing in court this week.

A nationally prominent conservative advocacy group is gearing up for a legal battle to defend about 70 of the anti-abortion activists arrested on campus last month on misdemeanor trespass charges.

Today Alicia Gallegos of the SB Tribune reports under the headline "Defense claimed judge in Notre Dame protesters case biased." Some quotes:
SOUTH BEND — A judge has denied a motion to recuse herself from the proceedings of more than 80 anti-abortion advocates who plan to take their trespassing cases to trial.

Attorney Thomas Dixon filed a motion in August asking for a change of judge in the trespassing cases because he believes that St. Joseph Superior Court Judge Jenny Pitts Manier is biased.

Dixon represents 88 clients who were arrested on the University of Notre Dame property in May during the protest of commencement speaker President Barack Obama. Several additional trespass cases are not being fought in court and/or are being handled separately from the 88.

Dixon and fellow attorney David Wemhoff cited three grounds for the requested recusal, including: that Manier ruled against a pro-life plaintiff in a previous case, that Manier's husband is a retired Notre Dame professor and a "recognized leader" (of Notre Dame) and that even without actual bias is the perception of bias because of the above reasons.

"We believe there's a bias contrary to the clearly established law," Dixon said when reached by phone Wednesday.

In her seven-page denial filed Wednesday, Manier denies having any personal or judicial bias in ruling over the trespassing cases. * * *

The next hearing for Dixon's clients is set for Dec. 3.

Posted by Marcia Oddi on September 10, 2009 09:35 AM
Posted to Indiana Courts