IN THE

SUPREME COURT OF INDIANA 

DAVID WESTENBERGER                       )           Supreme Court No. 03S00-0410-SJ-452

                                                                        )

vs.                                                                   )    

                                                                        )           Case No. 03C01-0105-DR-742

PATRICIA WESTENBERGER                )           in the Bartholomew Circuit Court

ORDER APPOINTING SPECIAL JUDGE

      Comes now the Clerk of the Bartholomew Circuit Court, and pursuant to Ind.Trial Rule 53.1, certifies this matter here for the appointment of a special judge.

      And this Court, being duly advised, now finds that a special judge should be appointed to hear this matter in the Bartholomew Circuit Court pursuant to Ind.Trial Rule 53.1.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter is withdrawn from the Honorable Judith A. Stewart, Special Judge, who is directed to file a report with the Indiana Supreme Court pursuant to Ind.Trial Rule 53.1(F). 

      IT IS THEREFORE, FURTHER ORDERED that the Honorable Chris D. Monroe is appointed as special judge to hear this matter in the Bartholomew Circuit Court. This order vests jurisdiction in Judge Monroe. Pursuant to Ind.Trial Rule 79(K), an oath of office is not required.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Judith A. Stewart, Brown Circuit Court, Courthouse, P.O. Box 85, Nashville, IN 47448-0085; to the Hon. Chris D. Monroe, Bartholomew Superior Court, 234 Washington, Columbus, IN 47201-6750; and to the Clerk of the Bartholomew Circuit Court.

      The Clerk of the Bartholomew Circuit 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, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana