Legal Opinion

State of Indiana v. Beth A. Neff

Indiana Supreme Court

Decided February 27, 2019No. 18S-IF-478PublishedCited by 2 opinions

1Opinion of the Court

Goff, Justice.

Turning to the judiciary to remove a duly-elected public official from office is a radical departure from our usual democratic process because it risks silencing the collective voice of the people, spoken in each election. As such, it is a remedy rarely sought and even more rarely granted. This appeal involves such a request by the State to remove the Town of Yorktown's Clerk-Treasurer, Beth Neff, but it does not fall within the exceptionally rare category of cases that warrant removal. Under the statute relied on by the State for this removal action, a public official may be…

2Cases cited10 opinions

  1. Adam Horton v. State of IndianaIndiana Supreme Court · 2016
  2. State Ex Rel. Ayer v. EwingIndiana Supreme Court · 1952
  3. State Ex Rel. Durham v. Marion Circuit CourtIndiana Supreme Court · 1959
  4. McComas v. KrugIndiana Supreme Court · 1882
  5. State Ex Rel. Weatherholt v. Perry Circuit CourtIndiana Supreme Court · 1933

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, Kentucky, Inc.Indiana Supreme Court · 2023
  2. Victoria v. Arrowood v. State of IndianaIndiana Court of Appeals · 2020

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