September 09, 2006 09:35 pm
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By DAVE KITCHELL
Pharos-Tribune staff writer
Leo Burns wants to become a judge, but first, he will need to get a ruling in the courtroom where he some day wants to be employed.
The Logansport attorney has filed an action in Cass Circuit Court along with Logansport City Councilman Scott Kraud and former Logansport Mayor John Davis to be added to the ballot. Cass Circuit Judge Julian Ridlen, a Republican, has granted a hearing for a preliminary injunction that would prevent his name from being omitted from the November ballot.
The hearing is set for 10 a.m. Sept. 19.
Burns, who would be running against Republican Sheryl Pherson, says he has exhausted all other appeals through the Indiana Election Division which is part of the Secretary of State’s Office. He does not want to file legal action, but has no other way to challenge the process.
“The preliminary injunction hearing which is on the 19th is really the crucial hearing. The standard there is that we have to show a likelihood of prevailing in the long run in order to have a preliminary injunction issued. If the preliminary injunction is not issued, it does not necessarily mean we won’t be successful. The problem would be the timing of it. There just isn’t enough time between now and Oct. 1.”
By Oct. 1, absentee ballots will already be in the process of being distributed, Burns says.
“I have legal counsel. My legal counsel believes we’ve exhausted all administrative remedies.”
Burns says there does not appear to be another incidence like his in previous years on the books. One of the statutes that is being cited for preventing his candidacy just took effect in March, he says. Although forms were filed on time, the state is taking a different view of the campaign.
“Our position is that these forms complied with the timing aspect of it. They were filed in the wrong place.”
The documents were filed with the Cass County Clerk’s Office instead of with the state. County judge races are different from most other candidacies on county ballots because the positions are mostly funded by the state.
Burns is represented by Logansport attorneys Jim Austen and Courtney Justice.
Dave Kitchell may be contacted at 722-5000, Ext. 5150, or via e-mail at david.kitchell@pharostribune.com
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