Excerpts of Justice Massa's Order 

click to enlarge Justice Mark Massa (right) with then-Gov. Mitch Daniels. - LESLEY WEIDENBENER, THE STATEHOUSE FILE
  • Justice Mark Massa (right) with then-Gov. Mitch Daniels.
  • Lesley Weidenbener, The Statehouse File
Excerpts of Justice Massa's Order

On his friendship with Mark Lubbers: "We did not discuss the case before this Court at that time, nor have we ever discussed it. As to Mr. Lubbers's connection to this case, he is not a party, and neither his liberty nor his assets are at stake. ... "

"Much has been made of the fact that Mr. Lubbers spoke at my investiture ceremony on May 7, 2012, along with then-Governor Mitch Daniels and former Marion County Prosecutor Scott Newman. He said some flattering things, which can happen on such occasions. But this gesture cannot be a basis for recusal on a court of last resort. ... "

On overlaps between friendship and duty: "Justices Boehm and Sullivan ... routinely heard appeals argued by lawyers from [firms of their former employers] without any suggestion of recusal. Nor is it unusual for us to hear cases argued by lawyers we hired as law clerks before they entered appellate practice. ... "

On his work as Gov. Mitch Daniels chief counsel: "I served as General Counsel to Governor Daniels from 2006 to 2010 ... I was not the Governor's counsel when the [Rockport] deal was struck in 2011 and thus had no involvement in it of any kind. ... "

"I would have reviewed the enabling legislation for that purpose, but I have no independent recollection of having done so, as Governor Daniels signed 757 separate pieces of legislation during my tenure. Moreover, the constitutionality or wisdom of that enabling legislation, which merely authorized the IFA to solicit bids and enter into a contract with any qualifying coal gasification enterprise is not at issue in the case before the Court. The question is whether the contract, negotiated long after my departure from the Governor's office, comports with Indiana law. I had no involvement in the negotiation of that contract and thus have no conflict. ... "

To read the full eight-page order, visit tinyurl.com/MassaRockportOrder.


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