Published: January 07, 2008 11:12 am         

NEW: Burke attorneys file for mayoral challenge to go before Indiana Supreme Court

TERRE HAUTE — Attorneys for former Mayor Kevin Burke on Friday filed a motion for the challenge to Mayor Duke Bennett’s candidacy to be moved to the Indiana Supreme Court.

Burke last week appealed the decision made by Judge David Bolk, of Vigo County Superior Court Division 3, that paved the way for Bennett to take office Jan. 1. Burke lost to Bennett in November’s general election. Burke then challenged Bennett’s candidacy due to the Hatch Act, a federal law limiting the political activity of employees of some not-for-profits receiving federal funding.

Burke’s attorneys filed the appeal notice Thursday, then filed the motion to transfer Friday, the Indiana Clerk of the Courts online docket reports.

“This set of circumstances presents a rare case where it would benefit the public to have the Supreme Court accept jurisdiction over the pending appeal,” attorneys wrote in the transfer motion, “despite the fact that the matter would otherwise be within the jurisdiction of the Court of Appeals.”

See Tuesday’s Tribune-Star and tribstar.com for complete coverage.