Superintendent of Public Instruction Glenda Ritz could find out by the end of the week if her lawsuit against several members of the State Board of Education can move forward. Attorney General Greg Zoeller has filed a motion in Marion County calling for dismissal of Ritz's case. Ritz claims the board took action on the state's A-F school grading system, in violation of Indiana's open door law. Neither Zoeller nor Ritz were present during the arguments Tuesday.

Our partners at WTHR report Deputy Attorney General David Arthur says Ritz needs approval from the attorney general to file such a suit.

Ritz's defense, led by Michael Moore, countered that the suit can move forward because each office is separate.

For their part, the four members called out in Ritz's lawsuit have said the superintendent has “continually frustrated” them by not answering emails and requests.

Sources: WTHR, Inside INdiana Business

November 5, 2013

News Release

INDIANAPOLIS, Ind. – A court today heard the Attorney General's motion to strike the appearances and filings of outside attorneys whom the AG contends cannot represent the State of Indiana in the lawsuit Ritz v. State Board of Education. As the lawyer for state government, Attorney General Greg Zoeller's Office argued on behalf of state legal authority that the appearances and filings of the various other counsel are unauthorized and invalid. Judge Louis Rosenberg in Marion County Circuit Court took the motion to strike under advisement and will rule later. Attorney General Zoeller issued this statement:

“The only issue before the court is whether an attorney can represent the State of Indiana without the consent of the Attorney General. My office is not adverse to any of our clients but we are only defending the well-established case law that helps avoid the disputes in the Statehouse from coming before the judicial branch of government,” Zoeller said.

At issue today was the motion filed by the Attorney General's Office to strike the appearances and filings of the DOE in-house attorneys for the plaintiff. Deputy Attorney General David Arthur argued the case today for Zoeller and the Attorney General's Office. The Attorney General has filed a separate motion to strike the appearance and filing of a private attorney for one of the Board of Education defendants, but the Court has not conducted a hearing on that motion yet.

Source: The Office of Attorney General Greg Zoeller

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