Batesville Herald Tribune, Batesville, Indiana

Opinion

October 19, 2012

Local attorney has his preference in race for judge

-- — Editor’s Note:  According to the Judicial Branch of Indiana Web site (www.in.gov/judicial/), Ind. Trial Rule 53.1 and Ind. Trial  Rule 53.2 address the term “lazy judge” as one  who fails to rule on a motion or delays a judgment.

 

Dear Editor,

The Franklin County Circuit Court judge election presents the voters with an opportunity to remedy a festering problem. I support the candidacy of Tammy Davis and hope the voters will vote for her and not the incumbent, Steve Cox. 

Here’s why: Steve Cox is a “lazy judge.”

The Indiana Supreme Court provides a remedy for a situation where a judge doesn’t do his job.  It is called the “lazy judge rule.” Lawyers do not use it very often because judges do not like to be labeled “lazy” by the Indiana Supreme Court.

At the end of August 2011, Judge Cox was presented with a decision that involved two foreclosed houses in Franklin County, worth about $200,000.  In my opinion, it should have taken no more than a week for him to consider the facts and say whether a new sheriff sale should be held. After six months, when my two clients still had no ruling from Judge Cox, I cited him to the Indiana Supreme Court.  The court took the cases away from him and assigned a new judge from another county. 

See Cause No. 24CO1-1103-MF-0051 and Cause No. 24CO1-0812-MF-0626, Franklin Circuit Court.

Henry Pictor,

Batesville

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