IN THE
LARRIANTE SUMBRY, ) Indiana Supreme Court
) Cause No. 46S00-0311-SJ-496
Plaintiff, )
)
v. )
)
WILLIAM DAVIS, JAMES ) La Porte Superior Court
DANIKOLAS, JOHN McGRAW, ) Cause No. 46D04-0311-CT-506
DAVID BRANDEWIE, and LAKE )
COUNTY BOARD OF )
COMMISSIONERS, )
)
Defendants. )
This matter comes before the Court for appointment of a Special Judge. More specifically, in an order dated November 7, 2003, the Honorable William J. Boklund, Judge of the La Porte Superior Court No. 4 certified this cause to the Supreme Court under the provisions of Indiana Trial Rule 79. The order dictates in pertinent part, “In the good faith belief that the particular circumstance of this case warrants selection of a special judge by the Indiana Supreme Court, rather than by Local Rule or other alternative set forth by Indiana Rule of Trial Procedure 79, now certifies such fact to the Indiana Supreme Court for its appointment of a special judge, who shall then make the determination if partial payment of filing fee shall be paid.”
Confined to the Department of Correction, the plaintiff is well known to the judicial branch of government. He has a penchant for filing complaints against a number of public officials and others for a variety claims. Most are filed pro se. Typically, once the trial judge makes an adverse ruling or enters an adverse judgment, the plaintiff sues the judge. In turn the judge recuses himself or herself, another judge is appointed, and inevitably the process repeats itself. At present the plaintiff has fifteen cases pending before fifteen different Indiana trial judges, most of whom were appointed after the recusal of a prior judge. Enough.
Indiana Trial Rule 79(C) provides in relevant part “A judge shall disqualify and recuse whenever the judge . . . (1) is a party to the proceeding.” It is under this provision
that the instant matter is before us today. However, Article I, Section 12 of the Indiana Constitution militates against our rules being manipulated by a party filing a successive pattern of sham proceedings. The end result of which “is that no judicial forum will exist in which the case can be heard.” In re Appointment of a Special Judge in Wabash Circuit Court, 500 N.E.2d 751, 753 (Ind. 1986).
Rather than automatic disqualification and recusal, the trial court before which the matter is presently pending should:
[C]onduct a summary, yet due process hearing upon the question of whether the claim [now pending] or any other claim of which the court has knowledge, presents a reasonable basis for disqualification. If the Court has jurisdiction of any such claim and such claim is specious and a sham and intended solely to evade court jurisdiction, it should strike such claim. If the claim has no reasonable basis, the court should not disqualify. If the claim does have a reasonable basis, the trial court should disqualify itself and certify such action to this court.
Id., at 753.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that no Special Judge be appointed in La Porte Superior Court and this cause is remanded to Judge William J. Boklund to reassume jurisdiction.
The Clerk of this Court is directed to forward notice of this Order to the Hon. William J. Boklund, La Porte Superior Court, 300 Washington Street, # 116, Michigan City, IN 46360, and to the Clerk of the La Porte Superior Court.
The Clerk of the La Porte Superior Court is directed to forward notice of this Order to all parties of record in the case below.
DONE at Indianapolis, Indiana, this _____ day of November, 2003.
_____________________
Randall T. Shepard
Chief Justice of Indiana