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Veteran Democratic election attorney Bill Groth has filed suit on behalf of four Marion County residents, asking a judge to declare the attorney general's office vacant in light of @AGCurtisHill's 1-month suspension, thus allowing @GovHolcomb to name a successor. 1/
The #INSupremeCourt on Monday refused to rule on Holcomb's request to clarify whether the office is vacant, on the ground the issue wasn't raised in the disciplinary case against Hill, and the court doesn't do advisory rulings. The suit seeks to put the issue before the court. 2/
The case has been filed in the court of Marion Superior Judge Marc Rothenberg, a Republican. 3/3
#INSupremeCourt says it will rule next week on whether #CurtisHill's law license suspension makes him ineligible to retain the office. @GovHolcomb asked the court to clarify the question; briefs from Hill and the Indiana Disciplinary Commission were due today and have been filed.
Hill's attorneys argue Holcomb has no standing to intervene in a discipline case, and even if he did, the case is complete and can't be reopened.
On the merits, Hill's attorneys argue "a short interruption in
the officeholder’s ability to carry out some (but not all) statutory responsibilities" does not create a vacancy in the office, since the suspension ends June 17, well before the expiration of Hill's term.
the officeholder’s ability to carry out some (but not all) statutory responsibilities" does not create a vacancy in the office, since the suspension ends June 17, well before the expiration of Hill's term.
.@GovHolcomb files motion with #INSupremeCourt asking justices to clarify whether Attorney General #CurtisHill remains eligible to hold the office once a suspension of his law license takes effect on Monday.
Hill has said chief deputy Aaron Negangard will run the office during 30-day suspension, but Holcomb's motion says, "Nowhere in the Indiana Code has the Attorney General been given authority to name a deputy to assume his statutory duties and powers."
Holcomb's motion doesn't ask the court to declare the office vacant, but asks that the justices clarify whether there's a vacancy or not. It notes that if there is a vacancy, it's the governor's obligation to appoint a successor.
BREAKING: Attorney General #CurtisHill suspended for one month, with automatic reinstatement. A hearing officer had recommended two months *without* automatic reinstatement, raising questions about whether he could continue to serve.
Unanimous #INSupremeCourt: "We readily conclude there is ample evidence showing that the manner of [Hill]’s touches was both 'rude' and 'insolent.'” (Those are the words used in Indiana law to define battery.)
#INSupremeCourt: Harsher penalty recommended by hearing officer was based largely on lack of remorse, as evidenced by email exchanges among his political team on how to attack credibility of investigation. But the court says Hill's own involvement in those exchanges is "minimal."
