Those involved in a lawsuit that questions whether Bartholomew County Council president Matt Miller meets residency requirements to hold and maintain his elected position have agreed on a special judge.
While Brown Circuit Court Judge Mary Wertz, 55, has been asked to preside over what is called a Complaint for Declaratory and Injunctive Relief, the Nashville judge has not yet agreed to accept the case, said Teresa Million, office manager for Superior Court 1 Judge James Worton.
Although Wertz, a Republican, is under no deadline to accept or refuse, Million said magistrates asked to serve as special judges usually make their decision known within a week. Worton recused himself on Sept. 11 due to the political nature of the case. Worton, a Republican, is an elected judge.
The plaintiffs are Bartholomew County Democratic Party Chairman Steve Schoettmer, as well as Democratic council at-large candidates Ruth Claudette Schroer, Olisa Humes and Tiffany D. Bosley.
The Sept. 9 lawsuit listed the defendants as Miller, Bartholomew County Clerk Jay Phelps, and two of Phelps’ fellow election board members — James Holland and Julie Schuette.
The litigation cites allegations made in July by nearly a dozen residents of the Highland Ridge subdivision. They signed a petition that challenged Miller’s declaration of candidacy stating his primary residence is in their neighborhood.
Those who signed the petition claim that Miller’s main residence is in Jennings County Road 300S. If that is established, he would be ineligible to serve on the council or seek a second term during next month’s election.
Miller has adamantly denied the neighbors’ allegations, claiming the Jennings County home and surrounding land is just one of many properties he has acquired as a real estate development.
But a key point at this time deals with whether the Bartholomew County Election Board should be defendants.
Phelps, who is Bartholomew County’s top election official, says his office had consulted with both Bartholomew County Election Board attorney Peter King and Democratic Co-Director at the Indiana Election Division, Angie Nussmeyer, on the matter.
Schoettmer said it was the election board’s refusal to investigate the matter that left Democrats no choice but to file a formal complaint on Aug. 18.
But two days after receiving the neighbors’ July 8 letter that challenged Miller’s residency, Nussmeyer told county elections supervisor Shari Lentz that it was too late to file a challenge with the county’s election board, Phelps said.
“Steve Schoettmer was aware of this, but filed the challenge with us six weeks after Mr. Miller’s neighbors filed the challenge,” Phelps stated.
In a letter dated Aug. 20, King said he agreed with Nussmeyer that the matter would have to go through the courts and not the Bartholomew County Election Board.
“As far as my office and the Election Board is concerned, the Indiana Election Division has made it very clear to all clerks and election boards that we are not the police,” Phelps said. “Since no one had filed a challenge until July on Mr. Miller’s residency, it was simply too late for us to act on this particular matter.”
No further dates will be set in the case until a special judge is seated, Million said.
