Bennett agrees high court should hear appeal

Mayor’s attorneys file support to move case to Indiana Supreme Court

By Austin Arceo

TERRE HAUTE — A challenge to Mayor Duke Bennett’s eligibility to take office is one step closer to heading to the Indiana Supreme Court.

Bennett’s attorneys on Tuesday afternoon filed documentation with the court in support of former Mayor Kevin Burke’s previous motion filed earlier this month to have the state’s highest court take jurisdiction of the case, rather than the state Court of Appeals.

“I think it’s important that we get this resolved as quickly as possible,” Bennett said, “and we believe that that’s a faster route, to get it done through the Supreme Court than we do through the Court of Appeals.

“The quicker we can resolve this and bring this issue to closure, I think that’s best for the taxpayers and citizens of this community,” he said.

Bennett defeated Burke by 110 votes in the general election last fall. Burke then challenged Bennett’s candidacy based on the Hatch Act, a federal law that limits the political activity of employees of not-for-profits receiving certain federal money, such as Head Start funding.

Before becoming mayor, Bennett was the director of operations as Hamilton Center Inc., a not-for-profit that runs an Early Head Start program.

Burke said that he was pleased that Bennett was in support of the move to the Indiana Supreme Court.

Bennett said that his side believes the case will be on a faster track with the Indiana Supreme Court.

A move to there from the appellate court would cut down the “ultimate decision time” by eight months to a year, said Bryan Babb, a new attorney for Bennett who is working on the appeal.

Burke attorney Ed DeLaney and Bennett both said they saw this case eventually heading to the Indiana Supreme Court.

DeLaney said there are times when two sides to a case reach agreement, such as Bennett’s and Burke’s sides did here.

“Well, I would say it’s appropriate,” DeLaney said. “It happens, and this is the right case for such an agreement.”

But the Indiana Supreme Court still has to determine whether to accept the case.

Bennett said that for various reasons, he has retained a law firm in Indianapolis to take over the case. He said it has some experience with the Indiana Supreme Court. He said it “felt like it was a good move on our part to make that change.”

“Jim Bopp did an excellent job for us here in Terre Haute, and I have high regards for his ability,” Bennett said. “We’re just making a decision we feel is the right one to make with” the new attorneys “being in Indianapolis.”

The former mayor also said that his attorneys have been preparing for the case, no matter what the Indiana Supreme Court decides.

“I’ve been assured by my attorneys that they can move very quickly,” Burke said. “I do not want there to be any delays on our side of this issue.”

Austin Arceo can be reached at (812) 231-4214 or austin.arceo@tribstar.com.

Text Only | Photo Reprints