Posted on 09/10/2003 4:21:07 AM PDT by jpthomas
INDIANAPOLIS Sept. 10 —
As Gov. Frank O'Bannon lay in a coma following a stroke, Indiana's lieutenant governor took over as acting governor amid uncertainty over whether to formally transfer authority to him.
State lawmakers on Tuesday held off invoking a process spelled out in the state constitution for formally handing power to Lt. Gov. Joe Kernan.
However, Republican Sen. President Pro Tem Robert Garton said he and Democratic House Speaker Patrick Bauer could initiate the process, perhaps as early as Wednesday.
Doctors said O'Bannon, 73, had evidence of brain damage and that it was too soon to say whether he would recover. They said he would probably remain in an induced coma for several days.
Garton and Bauer would need to send a petition to the Indiana Supreme Court for approval of the transfer. Kernan said he believes he can conduct business without the formal process.
The legislative leaders have asked for a written statement outlining O'Bannon's condition from his attending physician. They said they also want the O'Bannon family's approval before proceeding.
O'Bannon, a Democrat in his second term, was found in his pajamas, unconscious and near death, on the floor of his Chicago hotel room Monday morning. He had suffered a type of stroke that involves bleeding in the brain.
In Chicago, Northwestern Memorial Hospital spokeswoman Kelly Sullivan said doctors saw evidence of brain damage, but the extent of it was not yet clear. The effects of such damage could range from slurred speech to paralysis.
O'Bannon is expected to remain under sedation for at least several days. Patients with such injuries are often placed in drug-induced comas to help relieve the pressure on the brain and allow it to rest and heal. Kernan became acting governor under a provision in the state constitution that allows him to temporarily carry on business without a formal transfer of power.
"I think all of us are in state of disbelief that this could happen to someone who is so vital, who has so much energy," Kernan said. "But at the same time, we've got to realize, in his absence, it is our responsibility and it is exactly what he would tell us that we need to step up."
The acting governor met with Tim Joyce, the governor's chief of staff, who said they had discussed how to carry on the office's day-to-day duties everything from reviewing agency vacancies to issuing proclamations.
Also, shame on ABC News for not bothering to look at the title before posting it on their own website.
I work in the Indiana Supreme Court, and have the request in my had. Is that a good enough source? ;^)
See what he'll give you for this reason for the sudden appearance of Joe Lieberman as Gore's VP candidate and the switch in midstream of Gore's campaign manager thereof.
That should be of interest both in relation to the Bayh family stranglehold on Democratic offices in the Hoosier state, as well as an interesting axe hanging over the head of a future Evan Bayh VP or presidential candidacy.
-archy-/-
Probably violates HIPAA, at least according to some of the documents I have had to sign at doctor's offices lately.
I work in the Indiana Supreme Court, and have the request in my had. Is that a good enough source? ;^)
Should read about like this?
Text of the letter from Senate President Pro Tem Robert Garton and House Speaker Patrick Bauer asking the Indiana Supreme Court to transfer powers from Gov. Frank O'Bannon to Lt. Gov. Joe Kernan:
Dear Chief Justice Shepard:Governor Frank O'Bannon has been a friend and colleague of ours for 33 years. In addition to our immense personal affection for him, we admire his dedication and his service to our state. We both look forward to the successful completion of his term.
However, as you are aware, the Governor has sustained a massive stroke and is in a pharmacological coma. Hospital records indicate that the Governor has been incapacitated since 9:30 a.m., September 8, 2003. Attached to this letter are the latest reports from Northwestern Memorial Hospital detailing the Governor's condition. Therefore, pursuant to Article 5, Section 10 of the Indiana Constitution, we are filing with the Supreme Court our written statement suggesting that the Governor is unable to discharge the powers and duties of this office, due to his current medical condition. We respectfully request that the Court meet to decide the question, as set out in the Constitution.
We hope that the Governor's condition is temporary, and we are praying for his speedy recovery. It is our understanding that, under the Constitution, if you determine that the Governor is unable to perform his duties, the Lieutenant Governor shall serve as Acting Governor. However, Governor O'Bannon remains in the office as Governor, and he and his family are entitled to receive his salary and other benefits and entitlements of his office. Upon the Governor's recovery, he may resume his duties by requesting the Court's ruling that no inability exists.
Along with all the citizens of the state, we are anxious to see our Governor back at work, doing what he loves most, leading Indiana toward a better future for all Hoosiers.
Respectfully yours,
(signed) B. Patrick Bauer, Speaker, Indiana House of Representatives
(signed) Robert D. Garton, President Pro Tempore, Indiana Senate
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