#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.
Hill's attorneys note several elected county prosecutors have had their licenses suspended but didn't forfeit the office. And the court refused to remove a county treasurer in 1846 for "temporary insanity" because the disability wasn't permanent.
The Disciplinary Commission, which wanted a longer suspension in the first place, appears to endorse the argument that Hill is only temporarily disqualified, saying the true issue is who appoints Hill's temporary replacement.
Like Hill's attorneys, the commission points to precedent when prosecutors' licenses were suspended, and the court itself named a temporary replacement. Hill's attorneys say there's precedent for a deputy to fill the post. Holcomb has appointment power for a permanent vacancy.
The commission "expresses no opinion" which of those three positions on who appoints a temporary attorney general is correct. /end
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