The Indiana Supreme Court will hear oral arguments in the case of Pabey v. Pastrick tomorow in Fort Wayne:
The Indiana Supreme Court will hold an oral argument in Fort Wayne on Tuesday, April 13, 2004 at 1:45 p.m. in the City Council Chambers, Chief Justice Shepard announced today.For background, here are earlier Indiana Law Blog entries, from October 1, 2003, Jan. 11, 2004, and from March 14, 2004. See also this April 6, 2004 story from the Munster NWI Times, headlined: "Federal court takes up East Chicago election dispute: Judge says ruling will come after state's highest court hears alleged vote fraud case." Some quotes:The Court will hear the case of Pabey v. Pastrick, which involves the validity of the Democratic primary election for the Mayor of East Chicago, Indiana that was held last May 6, 2003. The defeated candidate, George Pabey, filed an action in Lake Superior Court, contesting the primary victory of incumbent Mayor Robert Patrick.
The special judge appointed to hear the case upheld the election result and the Court of Appeals later dismissed the appeal on procedural grounds. The Indiana Supreme Court granted transfer and has assumed jurisdiction over the appeal.
The argument will last about 40 minutes. The public and the media are welcome to attend the hearing. Seating will be on a first come, first served basis. The local public access television station, Access Fort Wayne, will also tape the event for later broadcast.
U.S. District Court Judge Allen Sharp heard arguments from Pabey's and Pastrick's lawyers, but did not make a decision on whether he will grant or dismiss Pabey's request for a new election. * * * Sharp said federal courts have reversed redistricting schemes that discriminate against minorities. "The real question is whether this court can order a new election," he said. "I'm not saying I can't, though." * * *Posted by Marcia Oddi at April 12, 2004 10:57 AMSchererville lawyer James Wieser, who represents the Lake County Election Board, and Stephen R. Stiglich, county Democratic Party chairman, said Monday that Pabey's call for a new election is hobbled by the fact that Indiana law did not offer that remedy last year.
Indiana Attorney General Steve Carter is expected to tell the Supreme Court next week it can order a new election anyway because the state Legislature amended the law earlier this year to permit special elections in the case of fraud.