Burke, Bennett file briefs in ongoing mayor debate

TERRE HAUTE, Ind. (WTHI) - The legal battle continues to heat up for the Terre Haute mayor's office. Both current Mayor Duke Bennett and former mayor Kevin Burke appealed the Indiana Court of Appeals decision in November.

Now, they've filed new briefs arguing their sides to the Indiana Supreme Court and trying to get the court to hear the case.

Bennett's asking for the Indiana Supreme Court to rule that he was not in violation of the Hatch Act. If they don't side with him, Bennett is asking they don't immediately place Burke in office. The Indiana Court of Appeals said Bennett was in violation of the Mini Hatch Act, and threw out the city's 2007 mayoral election.

"It doesn't make any sense to put into place the losing candidate because the people had an opportunity to speak on that issue and they don't want him in office," Bennett's attorney, Bryan Babb said.

As for Burke, he's asking the Supreme Court declare a vacancy in the mayor's office.

"If he's not qualified, and he's clearly not qualified according to everyone who's looked at it. Then he vacates the office, and Kevin Burke becomes the mayor," Burke's attorney, Ed Delaney said.

Burke and Bennett have less than two weeks to file yet another round of legal briefs. Then, it will finally go to the Supreme Court, if they'll hear the case. Even then it could take up to a year for a solution.

The Indiana Supreme Court was asked to hear the case before on an emergency basis, but they denied that request.

Lawyers for both Burke and Bennett said they feel confident the court will take the case and make a speedy decision.