Tag: partisan requirement

Partisan case for partisan judges: Who rules on lawsuit over Bloomington plan commission seat?

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Art based on one of the recusals made by assigned judges in Guenther & Ellis v. Cockerham & Hamilton.

On June 9, a lawsuit was filed in Monroe County’s circuit court disputing the mayoral appointment of the plan commission seat where Chris Cockerham had sat the day before.

In the lawsuit, Andrew Guenther asserts that he has been duly appointed by GOP Monroe County chair William Ellis, and should serve on the commission instead of Cockerham.

It’s not yet decided which judge will hear the case. Owen County circuit judge Kelsey Hanlon, who’s facilitator of District 20, has been asked to appoint a special judge. One of 26 judicial districts the state, District 20 is made up of Monroe, Owen, Lawrence, and Greene counties.

What makes picking a judge a challenge for this case? Partisanship. Continue reading “Partisan case for partisan judges: Who rules on lawsuit over Bloomington plan commission seat?” →

Lawsuit now filed in dispute over Bloomington plan commission seat

On Tuesday, a lawsuit was filed over the disputed seat on Bloomington’s plan commission.

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Chris Cockerham (left) took his seat on the plan commission on Monday night, as Andrew Guenther (right) asserted a claim to the seat in the Zoom video conference chat window. A lawsuit was filed on Tuesday over the seat.

In the lawsuit, would-be plan commissioner Andrew Guenther and Monroe County GOP chair William Ellis ask the court to grant a writ of quo warranto, which is a challenge to someone’s right to hold office.

In this case, Guenther and Ellis are challenging the right of Chris Cockerham to hold the plan commission seat, based on an appointment by Bloomington mayor John Hamilton, made in early May.

Cockerham has already served as planning commissioner for one meeting, on Monday this week.

In mid-April, Ellis declared his right to make the appointment as chair of the Republican Party. The announcement from Ellis came after Hamilton for several weeks did not fill the vacancy that was left when Hamilton decided not to re-appoint Nick Kappas. Kappas’s term expired at the end of 2019.

How does Ellis argue that he has the authority as Monroe County GOP chair to make a plan commission appointment that’s normally made by the mayor? Continue reading “Lawsuit now filed in dispute over Bloomington plan commission seat” →

Two people, one seat for Bloomington’s plan commission vacancy: Will a judge decide who sits there?

The city of Bloomington confirmed to The Square Beacon on Thursday afternoon that the mayor, John Hamilton, has appointed commercial real estate broker Chris Cockerham to fill the vacancy on the city’s plan commission. The plan commission is a nine-member group, five of which seats are appointed by the mayor.

The vacancy was created in January, when Nick Kappas was not reappointed.

In a statement sent to The Square Beacon city attorney Mike Rouker said, “[T]he Mayor was pleased to select Chris for service on the commission. We are very excited about this appointment, and we are looking forward to Chris and the rest of the plan commission getting back to the important work they do for our community.”

Reached by The Square Beacon on Thursday, Cockerham said, “I’m ready to serve and happy to serve. Hopefully, it works out.”

Why wouldn’t it work out?

In mid-April, Monroe County Republican chair William Ellis issued a press release saying that he, as GOP chair—not the mayor—had the authority to fill the plan commission vacancy. Ellis’s pick for the spot was Andrew Guenther. Continue reading “Two people, one seat for Bloomington’s plan commission vacancy: Will a judge decide who sits there?” →

Bloomington plan commission vacancy: GOP county chair says he has authority to fill it, picks Guenther

One of the nine seats on the Bloomington plan commission has been vacant since around Jan. 6, when the four-year term for Nick Kappas expired, and the city’s mayor, Democrat John Hamilton, decided not to reappoint him.

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Andrew Guenther at a 2019 city council campaign event. (Square Beacon file photo)

The spot held by Kappas is one of the five seats on the nine-member plan commission that are expected to be appointed by the mayor.

In a departure from that expectation, a press release issued Thursday afternoon, by Monroe County Republican Party chair, William Ellis, says the GOP leader has made the plan commission appointment to fill the vacancy.

The GOP chair’s pick, according to the release, is Andrew Guenther, who’s current chair of the city’s environmental commission. Last year Guenther was a Republican candidate for the District 2 city council, a race that was won decisively by Democrat Sue Sgambelluri.

Why does Ellis think he has the authority to make what is ordinarily a mayoral appointment? Continue reading “Bloomington plan commission vacancy: GOP county chair says he has authority to fill it, picks Guenther” →