By Arthur E. Foulkes
TERRE HAUTE — The curtain soon will go up on what should be the final act of the ongoing drama of Burke v. Bennett, the legal struggle for control of Terre Haute’s City Hall.
The Indiana Supreme Court — the highest court in the state — has agreed to hear the case, which started more than a year ago in a Vigo County courtroom shortly after the November 2007 city elections.
Burke v. Bennett pits former Mayor Kevin Burke against current Mayor Duke Bennett, who won the 2007 election by 110 votes out of about 12,000 cast. However, Burke argued — after the election — that Bennett had been ineligible to run due to the Hatch Act, a law that limits the political activity of people paid with federal funds, including employees of some not-for-profit agencies that receive federal money.
Before being elected, Bennett was director of operations at the Hamilton Center, a not-for-profit mental health organization that includes a federally funded Head Start program.
Both sides were informed Monday of the Supreme Court’s decision to hear the case. There was no immediate indication when the court might make a ruling or whether it would hear oral arguments in the case. Burke and Bennett both have requested that the court, a five-judge panel, listen to oral arguments.
“My position is [the Supreme Court sees] something to fix” about November’s Indiana Court of Appeals ruling, Burke said Monday. That ruling stated Bennett violated the Hatch Act and should step down as mayor. However, it also stated that Burke challenged Bennett’s candidacy too late and, therefore, Burke could not assume the mayor’s post, either. Instead, the appeals court called for a special election to fill the mayor’s post.
“That’s the part [of the appeals court ruling] I think needs fixed,” Burke said.
Bennett, meanwhile, wants the Supreme Court to overturn the portion of the appeals court ruling that said he should step down as mayor. Bennett argues his involvement with the Hamilton Center’s Head Start program was so small and does not warrant overturning an election.
Bennett’s attorney, Bryan Babb, said he is confident the Supreme Court will seek oral arguments in the case, and he expects the high court to set a date for those arguments within the next week. Babb also believes the court will hear the case in the next three to six weeks.
“I’m very excited that they’re going to hear it,” Bennett said Monday. “We’re just looking forward to the end of this process.”
Burke and Bennett both have said they will not attempt to appeal a decision in their case beyond the Indiana Supreme Court. Nor is it clear a federal court would even hear the case if either side chose to do so. In December 2007, a U.S. District Court rejected a move by Bennett to move the case to federal court.
“I’m not going anywhere else with it,” Bennett said after learning of the state Supreme Court’s decision. “We believe this is the right body to make the final ruling.”
Burke echoed those sentiments. “I certainly feel the Supreme Court is the final authority on this,” Burke said. “I feel this is the last step.”
Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.
