The Supreme Court of Indiana has set a hearing in the second original action filed by Richard Allen. This action was brought after his counsel of choice, Andrew Baldwin and Brad Rozzi, were removed as counsel over Richard’s objection. I am expecting a lot of questions from media and the public, so I thought it might be easiest to answer the main ones here.

WHEN AND WHERE: The hearing is set for January 18, 2024 at 11:00 a.m. in the Supreme Court, 317 Statehouse, Indianapolis.

WHO WILL ARGUE: Mark Leeman will be arguing for Richard Allen. As co-counsel, I will be helping prepare Mark for the oral argument. I will also be there in Court taking notes and providing any help I can to Mark.

PROCEDURE: The hearing is essentially an oral argument. Under Indiana Original Action Rule 4(B), neither party is permitted to present testimony or offer evidence. Instead, parties are to make arguments based on the record of proceedings filed in the action. We, as counsel for the Relator, will argue first. If the Judge’s counsel chooses to appear (and my guess is they will), they will argue second. If we choose to reserve time for the final word (and we likely will), we will argue last. Both sides will receive the same amount of time overall (30 minutes each).

We are confined to the arguments we made in our respective filings, but it will not simply be a speech. Instead, the Justices will ask us questions to flesh out our arguments and to ask any questions they have before they make a decision.

WHO IS PERMITTED TO ATTEND: The courtroom is generally open to the public, but seating is very limited. Recently, the Supreme Court held oral argument on a challenge to Indiana’s new abortion law, and only 50 members of the public were able to attend. Those attending were required to request a ticket early that morning and stand in a queue to determine whether they would receive a seat. I am expecting the Court to use the same procedure here. There will likely also be a livestream of the proceeding just outside the courtroom, or you can save yourself a trip and watch the livestream from the Indiana Supreme Court’s website. Richard Allen will not be transported to the Court.

WHEN WE EXPECT A DECISION: your guess is as good as mine :) Hearings in original actions are very rare, so the fact that one has been set is encouraging. Also, Indiana’s appellate court system is one of the most efficient in the country. And time is of the essence in this case.

WHETHER WE CAN SEEK REHEARING IF THE WRIT IS DENIED: No, we cannot. Petitions for rehearing or motions to reconsider are not permitted after the original action is concluded.