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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe selection of a new Johnson County prosecutor will continue as scheduled Thursday night, even though one of the candidates filed a lawsuit attempting to stop the Republican Party caucus to select a successor to removed former prosecutor Bradley Cooper.
According to the Daily Journal in Franklin, attorney James Ackermann filed a request for an injunction against the Johnson County Republican Party caucus and is seeking a court declaration that he was the only eligible candidate seeking the position at the originally scheduled caucus earlier this month. However, the Daily Journal also reported that the county GOP plans to move forward with Thursday night’s vote.
The county GOP was scheduled to select its new prosecutor Aug. 16 from a pool of six candidates, including Ackermann, Carrie Miles, Beckie St. John, Indiana Inspector General Lori Torres, Mike Vertesch and acting prosecutor Joe Villanueva. However, party chair Beth Boyce delayed the vote after learning none of the candidates had filed all of the necessary forms.
Specifically, Boyce told precinct committee members that none of the candidates had filed an official declaration of candidacy, and two had also not filed statements of economic interest. However, Ackermann’s lawsuit claims he had filed both forms at the time of the caucus, so he was the only eligible candidate.
But Ackermann’s signed declaration of candidacy was dated July 17, the same day former prosecutor Bradley Cooper pleaded guilty to felonies in a domestic violence case and was removed from office. That date is why Ackermann was disqualified, Johnson County GOP attorney Bill Barrett said, according to the Daily Journal.
Ackermann maintains the party denied him due process in challenging his candidacy, not allowing him to present a case as to his eligibility and not allowing him to appeal the party’s decision.
“The prejudice of failure to follow this basic procedure is stunning and egregious and has left Plaintiff with no other remedy other than to file this action,” the lawsuit says.
“Should this caucus go forward,” the suit continues, according to the Daily Journal, “there is a possibility that a candidate who has not properly qualified for the position be sworn into office, which would result in further legal action and jeopardize all manner of civil and criminal matters which the Office of the Prosecuting Attorney for Johnson County, Indiana executes on a daily basis.”
The Daily Journal further reported that all Johnson County judges are Republicans and members of the local party, so a change-of-judge motion was granted. It was not immediately clear who the new judge will be.
The county GOP has also filed a motion to dismiss.
The case is James Ackerman v. Johnson County Republican Party, 41D04-1908-MI-192.
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