Loretta H. Rush has become Chief Justice of Indiana. She's the fifth justice to serve in that capacity since a 1970 amendment made it a permanent office. Before that, justices had rotated into the role.
In one of the stories covering her swearing-in ceremony, I learned that the Indiana Code doesn't give a governor the power to swear in a chief justice. Apparently, every chief justice has been ceremonially sworn in by the sitting governor. (See the video here at 1:43) Of course, the news coverage didn't provide a section, so I just had to look it up. Very soon into my journey, I realized why the young journalists didn't say any more. It's no simple task.
The long and short of it is that there are many, many places authorizing people to "administer oaths" and a handful of places saying something like a specific person "shall administer the oath of office." Nowhere in any of those is the governor mentioned. But where did then-Chief Justice Dickson's power to administer now-Chief Justice Rush's oath of office come from? Even that answer isn't straightforward.
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Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts
Tuesday, August 19, 2014
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