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SAMMONS v. CONRAD

No. 56S00-0011-CV-635.

740 N.E.2d 114 (2000)

William F. SAMMONS, Judge of the Newton Circuit Court, Appellant (Defendant Below), v. Kyle D. CONRAD, Clerk of the Newton Circuit Court, Jeryl F. Leach, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

December 22, 2000.

Attorney(s) appearing for the Case

Karen M. Freeman-Wilson, Attorney General, Jon Laramore, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellant.

Nana Quay-Smith, Candace L. Sage, Bingham Summers Welsh & Spilman, Indianapolis, Indiana, R. Steven Ryan, Kentland, Indiana, Attorneys for Appellees.

ON PETITION TO TRANSFER

BOEHM, Justice.

Factual and Procedural Background

Newton Circuit Court Judge Robert Smart died on February 25, 2000. Judge Smart was last re-elected in 1998 and his current term would have expired December 31, 2004. Within ten days of Judge Smart's death, the Clerk of the Newton Circuit Court certified the vacancy to Governor Frank O'Bannon. On May 17, Jeryl Leach filed...

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