Brown County Circuit Court Judge Mary Wertz has agreed to preside over a lawsuit regarding the legal residency of a Bartholomew County Council member.
The Nashville judge will consider the litigation filed Sept. 9 by Bartholomew County Democratic Party Chairman Steve Schoettmer, as well as Democratic county council at-large candidates Ruth Claudette Schroer, Olisa Humes and Tiffany D. Bosley.
The plaintiffs want a determination on whether Bartholomew County Council President Matt Miller, a Republican, legally resides in Bartholomew County. Nearly a dozen residents of the Highland Ridge subdivision signed a petition last July claiming the house Miller calls his legal residence has been vacant for a lengthy period of time.
After denying the allegations, Miller said he believes the neighbors are upset with him because he isn’t responsible for doing outside maintenance on the property. Maintaining that he is kept busy with four jobs, Miller said his rental contract calls for the landlords — Miller’s mother and aunt — to hire people to care for the exterior and yard. Miller said he felt the upkeep was poor.
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Miller said he has receipts of paid bills, including utility and cable, that prove he has been living within the Bartholomew County home south of Petersville. He also said a Jennings County property that neighbors claim as his true address is simply one of many real estate development holdings he has in three states.
On Sept. 11, Bartholomew County Superior Court 1 Judge James Worton — also a Republican — recused himself from the politically-charged suit to avoid any appearance of favoritism or impropriety. Worton gave both parties seven days to select a special judge from surrounding counties.
Besides Miller, other co-defendants include all members of the Bartholomew County Election Board. Schoettmer said it was the board’s refusal to investigate the matter that left him no choice but to file a formal complaint on Aug. 18.
In response, Bartholomew County Clerk Jay Phelps said a Democratic co-director at the Indiana Election Division has determined that it was legally too late to file a challenge with the county’s election board by the time the neighbors filed their complaint in July. Phelps said all decisions at this time should be made by a judge.
Plaintiffs’ attorney Ross G. Thomas said his clients are seeking no monetary compensation. Instead, the Democrats want a decision on whether Miller has been eligible to legally sit on the council over the last four years, as well as whether his name should be on the Nov. 3 ballot, he said.
When Wertz accepted the case, the Brown County judge expressed her concern about slow moving mail. While both parties filed their choice to have Wertz preside over the case on Sept. 18, the judge said the paperwork did not arrive at her Nashville office until Sept. 28.
By Tuesday morning, all members of the Election Board — Phelps, Jim Holland and Julie Schuette — had submitted their responses to the plaintiffs’ allegations. In addition, Miller also submitted his answer to the allegations.
