A Brown County special judge has dismissed a residency lawsuit filed by Bartholomew County Democrats against Republican county councilman Matt Miller, but plaintiffs say the issue may not be over.
In a Dec. 28 order, Special Judge Mary Wertz of Brown County determined the four plaintiffs who challenged Miller’s legal residency, including Bartholomew County Democratic Party Chairman Steve Schoettmer, repeatedly filed their challenges after legal deadlines had passed. Other plaintiffs in the original litigation include three Democrats who ran unsuccessfully for Bartholomew County Council: Claudette Schroer, Olisa Humes and Tiffany Bosley.
As a result of missing the deadlines, the judge said she dismissed the original complaint filed in September, as well as an amended complaint filed in November.
The original lawsuit was filed two months after nearly a dozen residents of the Highland Ridge subdivision signed a petition in July that claimed the rental house Miller calls his legal residence is vacant. The councilman has denied those allegations.
The house did appear empty a number of times because Miller works multiple jobs, as well as runs his own business, according to his attorney, George “Jay” Hoffman II of Franklin.
In an interview last summer, Miller said he frequently spends weekends at a Jennings County hunting lodge he owns, as well as travels on business trips regarding his real estate holdings.
While the councilman wasn’t often at the rental home south of Petersville, the COVID-19 crisis had many Highland Ridge residents either self-isolating or working from home last July, Hoffman said. Occasionally, neighbors would converse outside, which can spark unsubstantiated gossip, the attorney said.
“Take it out of the pandemic context, and it all seems rather freaky,” Hoffman said. “But put in in the pandemic context, and it begins to make sense.”
Since most of the initial lawsuit concerned Miller’s first term, which ended Dec. 31, the judge determined that both parties “now lack any legally cognizable interest in the outcome of this litigation.”
While the 2020 case has been closed, the Democrats say the issue isn’t over. A new and separate civil case is being considered, according to Franklin attorney Ross Thomas, who represents Schoettmer and his fellow Democrats.
Although Thomas doesn’t rule out a possible appeal, the attorney said he is more likely to file a new civil case that sets election laws aside and focuses mainly on whether Miller’s main residence is in Bartholomew County.
That location should determine if he is eligible to serve on the council, rather than technicalities about filing deadlines, Thomas said.
On Wednesday, Brown County prosecutor Ted Adams confirmed he has accepted a request to investigate the Miller matter as a special prosecutor. It was Bartholomew County Prosecutor Bill Nash who made the request through a special judge, Matthew Bailey of Decatur Superior Court, Adams said.
“I asked for a special prosecutor because (Miller) is a fellow Republican elected official before whom I appear to ask for money to run my office,” Nash said.
But after reviewing the Miller matter this week, Adams said he has not seen any evidence that warrants the filing of any criminal charges.
Adams’ reasons are partially based on the widely-publicized case of former two-term U.S. senator and two-term Indiana governor Evan Bayh, the Brown County prosecutor said.
The home Bayh described as his legal residence while representing Indiana on Capital Hill was a one-bedroom condominium on the north side of Indianapolis. A direct neighbor said she lived next door for three years before someone told her Bayh owned the residence next door.
It was widely reported that Bayh spent the vast majority of his time living in fancier, larger homes in Washington, D.C., after becoming a senator in 1998.
While an investigation took place, a determination was made that Bayh met the constitutional requirements for candidacy.
Adams said he discussed the Bayh case with Miller’s attorney, George “Jay” Hoffman II of Franklin, before making his decision not to consider filing criminal charges.
Miller would rather have a full evidentiary hearing and trial, so his constituents aren’t left with a feeling that he got off on a technicality, Hoffman said.
“Now, this case was well publicized prior to Election Day, so all voters who supported my client knew this lawsuit was going on,” Hoffman said. “But Matt still received (16,541) votes. That was not a hoax.”
Hoffman said he hopes the matter will soon be settled, because “there’s a lot more going on that’s more important that need our attention.”
