State of Indiana ex rel. Glenn D. Commons v. The Hon. John R. Pera
2013 Ind. LEXIS 373
Ind.2013Background
- Relators Glenn Commons, Jeffrey Miller, and Charlotte Peller are Lake County Lake Superior Court Juvenile Division magistrates.
- They challenge the February 12, 2013 vote approving Judge Nicholas J. Schiralli’s reassignment from the County Division to the Juvenile Division.
- Relators filed an original action seeking a permanent writ of mandamus and prohibition, arguing the transfer violates statute.
- A writ of mandamus was issued to stay further transfer proceedings and a judge pro tempore was appointed to preside in the Juvenile Division.
- Indiana Code 33-33-45-21(e) prohibits transfer of a non-eligible judge; the issue is whether this applies to Schiralli who was not merit-selected.
- The Lake Superior Court had an informal transfer rule adopted decades earlier, which the Judges relied on to support transfers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does I.C. 33-33-45-21(e) prohibit Schiralli’s transfer? | Relators contend Schiralli cannot be transferred. | Judges argue the local transfer rule overrides the statute. | Yes; statute prohibits the transfer. |
| Can a local Lake County transfer rule trump the statutory prohibition? | Relators rely on statutory prohibition to bar transfer. | Judges rely on the transfer rule to permit transfer. | No; statute constitutional and controls. |
| May the Lake Superior Court transfer any judge between divisions notwithstanding the statute? | Relators seek a broad prohibition on transfers to the Juvenile Division. | Judges rely on a long-standing local transfer rule approving transfers. | Court denies blanket prohibition; transfers may occur under the rule, but not for Schiralli here. |
| Is the statute constitutional and applicable here? | Relators challenge validity under the Indiana Constitution. | Judges argue constitutional framework permits such regulation. | Statute constitutional and applicable. |
Key Cases Cited
- State ex rel. Woodford v. Marion Super. Ct., 655 N.E.2d 63 (Ind. 1995) (mandamus and extraordinary remedies standards)
- State ex rel. City of New Haven v. Allen Super. Ct., 699 N.E.2d 1134 (Ind. 1998) (emergency writs and relief prerequisites)
- Gill v. Evansville Sheet Metal Works, Inc., 970 N.E.2d 633 (Ind. 2012) (local rules may not conflict with supreme court rules)
- State v. Monfort, 723 N.E.2d 407 (Ind. 2000) (separation of powers; legislative creation of courts)
- In re Public Law No. 305 and Public Law No. 309 of Indiana Acts of 1975, 263 Ind. 506, 334 N.E.2d 659 (Ind. 1975) (legislative merit-selection for vacancies)
- State v. Holtsclaw, 977 N.E.2d 348 (Ind. 2012) (statutory vs. court rule conflict principles)