STATE v. MONFORT

No. 66S00-9904-CV-232.

723 N.E.2d 407 (2000)

STATE of Indiana, et al., Appellants (Defendants Below), v. Robert V. MONFORT, Appellee (Plaintiff Below).

Supreme Court of Indiana.

Rehearing Denied April 14, 2000.


Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellants.

Michael Riley, Rensselaer, Indiana, Attorney for Appellee.


BOEHM, Justice.

We hold that the legislature may constitutionally abolish a court of general jurisdiction in this state, but, because of the separation of powers among the three branches of government, that action cannot be effective before the expiration of the term of the current judge.

Factual and Procedural Background

In 1995, the General Assembly passed an omnibus bill that, among other things, abolished Jasper Superior Court No. 2. See<...

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