Sammons v. Conrad and Leach

ON PETITION TO TRANSFER

BOEHM, Justice.

Factual and Procedural Background

Newton Circuit Court Judge Robert Smart died on February 25, 2000. Judge Smart was last re-elected in 1998 and his current term would have expired December 31, 2004. Within ten days of Judge Smart's death, the Clerk of the Newton Circuit Court certified the vacancy to Governor Frank O'Bannon. On May 17, Jeryl Leach filed with the Secretary of State to have his name placed on the ballot for Judge of the Newton Circuit Court 1 Indiana Code section 3-8-1-16 sets out the requirements for a candidate for Judge of the Circuit…