In response to the Marion County Superior Court’s order denying the State’s motion to strike the appearance of unauthorized counsel in Holcomb v. Bray, the Office of the Indiana Attorney General has filed a motion asking the court to certify the case for immediate appeal. The question of who has authority to represent the state’s legal interests in court—the Attorney General or outside counsel—is an issue of fundamental importance to the operation of Indiana Government. The ruling also impacts the legislature’s ability to operate without the threat of litigation. Accordingly, immediate appeal is justified.
“The Attorney General’s Office has fought for the liberties of the people of Indiana for decades, using the very same precedents this court has now upended,†said Attorney General Todd Rokita. “The constitution belongs not to the Governor, the legislature, or the Attorney General, but to the people of Indiana. If left unchallenged, the court’s order in this case threatens to tip the balance of powers and undermine the individual liberties of the citizens of this state. As such, we have filed an appeal in the interest of protecting Hoosiers.â€
The Office of the Attorney General’s filings are attached.
