. . . As you know Indiana Democrats have filed suit in Marion County Court to have Charlie White removed from office and Vop Osili declared Secretary of State. They say White wasn’t a legally registered voter when he filed for Secretary of State and his election should be declared null and void. Marion County Judge Louis Rosenberg, a strong and loyal partisan from everything I’ve been able to learn about his record, ordered the Indiana Recount Commission to rehear the case it originally dismissed last year. And the public impression regarding Judge Rosenberg is that he has been no-nonsense about the entire matter.The allegation Shabazz makes against Rosenberg would constitute a serious violation of the code of judicial conduct that could result in disciplinary action against him. Shabazz, who is an attorney licensed to practice law in the state of Illinois, arguably would have a duty to report the misconduct he alleges against Rosenberg to the Commisson on Judicial Qualifications, which investigates complaints of alleged judicial misconduct and prosecutes violations of the Code of Judicial Conduct, if he truly has credible information supporting the serious allegation he makes. It's a very serious charge for anyone to make against a sitting judge, let alone an attorney.
However, from what I’ve been able to piece together, as always from multiple sources which help me draw a composite, is Judge Rosenberg originally did not want to get involved in the matter, however he was getting a lot of pressure from a group of stalwart Democrats at the state and local level. Rosenberg then reportedly went to Chairman Ed Treacy to get permission to go forward and to also drag Republican Party GOP Chairman Eric Holcomb into all this as well . . .
When the case was first assigned to Judge Rosenberg, I noted the awkward situation he was in from a perception standpoint because his daughter, Erin Rosenberg, had publicly blogged about her belief that White had violated Indiana election law and should be criminally investigated. She also suggested Hamilton Co. Prosecutor Sonia Leerkamp, a Republican, should recuse herself and seek the appointment of a special prosecutor to investigate the charges, which Leerkamp ultimately did. A special prosecutor earlier this year obtained a 7-count indictment against White stemming from the investigation. Judge Rosenberg would have been permitted under Rule 2.9 of the Code of Judicial Conduct to confer with the Commission on Judicial Qualifications to obtain an advisory opinion or other legal experts on whether he should recuse himself, but he would not have been allowed to have those discussions with Democrats urging him to hear the case as Shabazz alleges. Shabazz claims Rosenberg was reluctant to hear the case and was being pressured by Democrats to do so and went to Marion Co. Democratic Party Chairman Ed Treacy to get permission to proceed.
The timing of Shabazz' allegation is very convenient. Judge Rosenberg issued an order earlier this week requiring Indiana GOP Chairman Eric Holcomb to appoint White's successor to the Recounty Commission and for the Commission's Executive Director Brad Skolnik to appear at a hearing on Thursday in his court to answer why the Commission has not proceeded with hearing the Democrats' election contest petition as he ordered three weeks ago. Shabazz had teased his readers a couple of weeks ago with an item claiming he had some interesting background information concerning Judge Rosenberg's order requiring the Commission to hear the Democrats' petition that he would soon be sharing with them. Charlie White's attorneys also filed a motion this week asking Judge Rosenberg to stay the proceedings until his criminal case has been resolved out of concern the proceedings could require him to provide incriminating evidence against himself that would prejudice his criminal case.