IN THE

SUPREME COURT OF INDIANA 

IN RE THE MARRIAGE OF                    )           Supreme Court No. 91S00-0411-SJ-474

ALEXANDER R. PALA                             )

                                                                        )

and                                                                  )    

                                                                        )           Case No. 91C01-0108-DR-147

ANNARE L. PALA                                      )           in the White Circuit Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      This matter comes before the Court for appointment of a second Special Judge. More specifically, in an order dated October 20, 2004, the Honorable Rex W. Kepner, Special Judge of the White Circuit Court, certifies this cause to the Supreme Court under the provisions of Ind.Trial Rule 79. The record reflects that in the midst of a contentious dissolution action, Annare Loubser, (f/k/a Annare L. Pala) has now sued Judge Kepner. The order before us states in pertinent part:

The Complaint filed is nothing more than dissatisfaction with a ruling by this Court after much evidence and testimony. Despite the reasons for the complaint and its lack of merit, this judge finds it appropriate, if not necessary, that a second Special Judge be appointed. Given that Ms. Loubser has sued virtually every person for which she had any contact during her divorce proceeding, this Judge does not desire to name a panel of Judges where ultimately a subsequent lawsuit is imminent.

      Indiana Trial Rule 79(C) provides in relevant part: “A judge shall disqualify and recuse whenever the judge … (1) is a party to the proceedings.” It is under this provision that the instant matter is before us today. However, Article 1, 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.” Matter of the Appointment of a Special Judge, 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.

Matter of Appointment, 500 N.E.2d at 753.

      IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that no second Special Judge be appointed in this case and this cause is remanded to the Hon. Rex W. Kepner to reassume jurisdiction.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Rex Kepner, Benton Circuit Court, 700 East Fifth Street, Fowler, IN 47944-1528, and to the Clerk of the White Circuit Court.

      The Clerk of the White 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 December, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana