The Herald Bulletin

January 7, 2008

11:05 a.m.: Special judge will hear Ockomon residence case

Henry County Judge Peyton selected

Justin Schneider

A special judge will hear a legal challenge to the eligibility of Anderson Mayor Kris Ockomon.

On Jan. 3, Acting Chief Justice for Indiana Brent E. Dickson ordered under Indiana Trial Rule 79 that Henry Superior Court Judge Michael D. Peyton be brought in to hear the case. Madison Superior Court Judge Dennis Carroll recused himself, thereby remanding the case to the Indiana Supreme Court.

On Dec. 28, five plaintiffs filed suit against Ockomon, calling for a temporary restraining order and a request for a permanent injunction to prevent Ockomon from being sworn in. The suit claims that Ockomon did not reside within city limits in accordance with Indiana election regulations.

Ockomon, a Democrat, unseated incumbent Republican Kevin Smith in the Nov. 6 election.