High court to appoint judge in lawsuit

The Indiana Supreme Court is stepping into the middle of a lawsuit filed against IU's board of trustees.\nThe court is processing a request to appoint a judge to hear the case because three judges have recused themselves. Chief Justice Randall T. Shephard can select any judge in the state to preside.\n"He can appoint any member of the bar, but the practice is to appoint a judge or senior judge," said Lilia Judson, the executive director of state court administration. "He looks at the schedule, the complexity of case, and who would have the time. I can't imagine them appointing someone who doesn't have the experience."\nThe suit was filed in Monroe County Circuit Court, where Judge Elizabeth Mann recused herself from the case without offering an explanation. Then Owen County Circuit Judge Frank Nardi recused himself without explanation. Then, in accordance with procedure, Greene County Superior Court Judge David Holt assigned Monroe County Circuit Court Judge Marc Kellams as special judge to hear the case, but he recused himself, forcing Mann to contact the Indiana Supreme Court.\nJudson said a month-long search for a judge is not rare, and she expects one to be named in less than two weeks.\nEllen Boshkoff, IU's outside counsel of the Indianapolis firm Baker and Daniels, said she could not comment on any aspect of the case. Not having a judge has slightly affected how the plaintiffs' lawyer Gojko Kasich approaches the case. \n"I'm trying to prepare my motion for an extension of 90 days, but I'm not sure who will rule on it," Kasich said. "In case of emergency purposes, the original judge (Mann) would rule. If we don't get one before the 20th, she might have to have to act on the motion."\nKasich said he sent a request for production and admissions to Boshkoff Oct. 31.\n"We are asking the board of trustees to admit facts about the May 14 executive session, the Sept. 9 meetings with Brand, and certain events directly connected to those happenings," Kasich said. "Because they violated Open Door Laws, we don't know what they did. We have zero firsthand knowledge and we have to be able to do discovery."\nKasich said he will send subpoenas for depositions to IU President Myles Brand, trustees and others in the next few weeks. Kasich said he and Boshkoff have tentatively agreed that depositions will take place Dec. 14 and 15.\n"They've raised the issue of what authority President Brand has to fire (former basketball coach Bob) Knight," Kasich said. "Who better to answer that question than him?"\nThe lawsuit claims that Brand and the board of trustees deliberately skirted open door laws Sept. 9 by meeting in two separate groups of four before Brand fired then-basketball coach Bob Knight the next day. It asks the court to void Brand's decision and to prevent the trustees from violating the law again, along with attorney fees, other costs and proper relief.\n"This is what many people consider the boring part of law," Kasich said. "But it's where many cases are won or lost"