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Court Gives Indiana Lt. Governor Power

Posted on: Wednesday, 10 September 2003, 06:00 CDT

As Gov. Frank O'Bannon lay in critical condition following a stroke, the state Supreme Court formally transferred power Wednesday to Indiana's lieutenant governor.

Legislative leaders filed a petition to transfer power after receiving a written statement from O'Bannon's doctor and invoked a process spelled out in the state constitution for the officially handing power to Lt. Gov. Joe Kernan.

"We are making historical precedent here today. We wanted to make sure, absolutely sure, the family was in agreement. The doctors were in agreement," said Democratic House Speaker Patrick Bauer, who joined with Republican Sen. President Pro Tem Robert Garton to file the petition.

"I want to emphasize, Gov. O'Bannon is still the governor of Indiana, and Judy O'Bannon is still the first lady of Indiana," Garton said.

Doctors said O'Bannon, 73, had emerged from a drug-induced coma, but remained under sedation and showed some "small but significant improvements." He remained in critical condition.

"It's still way too early to know how much he will improve," Dr. Wesley Yapor said.

O'Bannon could not follow commands but was able to move his limbs and responded to some physical stimulation.

Northwestern Memorial Hospital spokeswoman Kelly Sullivan said doctors saw evidence of brain damage, but the extent was not yet clear. The effects of such damage could range from slurred speech to paralysis.

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.

The governor's wife, Judy, issued a statement saying she was comfortable with the formalized power transfer. Legislative leaders had said they wanted the family's approval before proceeding.

"We are aware of the formal process that is occurring in Indiana, and in it we are seeing what we have always known: Our state government is a strong institution based on a constitution," Judy O'Bannon said.

Justices met privately for about an hour before issuing their decision. Chief Justice Randall Shepard said state officials acted on what they believe the governor would have wanted.

"We know what he wants and expects of us - to be at our posts and act in the way that the people of Indiana expect under this situation," Shepard said. "We do our best to do that, however heavy our hearts are about what has happened to him."

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 gone to the city to attend an economic conference. He had suffered a type of stroke that involves bleeding in the brain.

Kernan earlier 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."

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On the Net:

Governor's office: http://www.in.gov/gov

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