FRANKFORT, Ind. (April 19, 2023) – The Clinton County Commissioners have asked their attorney, Mark Crandley, to ask the Indiana Supreme Court to review the e-cigarettes ruling according to commissioners president Jordan Brewer in an interview after Tuesday’s commissioners meeting at the Frankfort / Clinton County Airport.
“Yes, so we are moving forward,” commented Brewer.
When asked when the decision was made Brewer stated, “Couple weeks ago – I don’t know – within the last two weeks I would say.”
Clinton County Today asked Brewer after the April 3rd meeting for an update on this matter and he replied, “We haven’t made any decisions. I had a call with our legal counsel (Mark Crandley) to understand the perspective. We’ll have to discuss and see if that is an option – I think we had 45-days from the time. So, I think we still have, maybe, two weeks left roughly.”
The request for the review comes after – as previously reported – a three-judge panel of the Indiana Court of Appeals unanimously ruled the trial court did not err when concluding the Clinton County Commissioners exceeded its authority when they amended the county smoking ordinance in an attempt to prohibit inmates from purchasing and using tobacco-free products within the jail.
A request for review by the Indiana Supreme Court, known as “requesting transfer” according to the Indiana Supreme Court website, does not automatically take place.
As of week ending April 14, 2023, 15 of 174 cases requesting transfer have been accepted – known as “granting transfer” – according to the Supreme Court Transfer Dispositions webpage.
A search of online court documents does not show a request for transfer at the time of publishing this article.
The Commissioners and County Council were scheduled to hold a joint executive session for “discussion referencing litigation that is either pending or has been threatened specifically in writing” April 18 at 11am at the Frankfort / Clinton County Airport.
