AG Rokita's lawsuit against SJCPD back in court under fifth special judge

ST. JOSEPH COUNTY, Ind.-- A status hearing was held Tuesday in the ongoing legal battle between Indiana Attorney General Todd Rokita and the St. Joseph County Police Department (SJCPD), overseen by a new special judge, the fifth to be assigned in this case.

Rokita has accused county police of upholding sanctuary city policies and not cooperating with federal Immigrations and Customs Enforcement (ICE) officials.

The Republican AG announced his lawsuit against SJCPD and Sheriff Bill Redman on Jan. 24 in a news conference in the lobby of the County-City Building in downtown South Bend.

"This deliberate decision to not cooperate with federal immigration authorities is giving safe harbor to criminal aliens that need to be removed from our country and this county," Rokita said at the January news conference. "It is making St. Joseph County act as a magnet to attract more illegals to want to come and live here and commit crime here."

In his lawsuit, Rokita says an ICE report designates St. Joseph County as a non-cooperative law enforcement agency. After requesting more information from ICE, Rokita states SJCPD failed to honor nine ice detainer requests between March and September 2024. No other evidence is included in the court document.

Rokita sent one letter to Sheriff Redman in October 2024, also posting it on X. He stated in his lawsuit he sent another letter to Redman in December, finding the department's first response inadequate. Rokita claims that second letter to SJCPD was ignored.

That's why the lawsuit came in January.

The AG's office is represented by Aaron Ridlen, section chief of administrative and regulatory enforcement litigation.

"What we've alleged is that the St. Joseph County Police Department, St. Joseph County Sheriff, have a policy and practice of not cooperating with federal immigration law enforcement, or limiting the communications thereof," said Ridlen.

SJCPD filed a motion to dismiss the case in March. The sheriff and department are represented by Michael Smyth of Jones Law Office, LLC.

"Our position is and has been from the start that the sheriff and his entire department faithfully execute their duties, that they do not violate the state laws. In fact, they are charged with enforcing those laws. Given that that's the case, that they haven't violated any laws, neither the state nor the attorney general's office has been harmed in any way," Smyth said. "In order to prevail in any kind of successful lawsuit, there has to be some harm."

The case's first hearing came in June.

"We argued it, saying [the motion to dismiss] is basically baseless," Ridlen said.

Before the judge could rule on the motion to dismiss, he recused himself from the case, stalling the motion in legal limbo.

"When the judge who was initially hearing the case recused, the motion was pending. We had filed the briefs, and we had argued it, given oral argument before that judge," Smyth said.

Four special judges have been assigned to this case; all have either recused themselves or denied the appointment.

"The most important thing, as far as the judges are concerned, is that there be no appearance of impropriety or impartiality," Smyth said.

Tuesday, another hearing was held under the fifth, and hopefully final, special judge, the Honorable Jenny Pitts Manier, St. Joseph County Superior Court Five judge.

"She informed us that she's going to go and look thoroughly through the briefs and the transcript of the oral argument that we already had and then make a decision about whether she needs to hear more argument or whether she can just rule on the motion based on what's already happened," Smyth said.

"If her honor makes a decision based on the filings and the transcript and rules in our favor, then we'll decide what comes next," Ridlen said. "Could be discovery, motions for summary judgment..."

Tuesday's hearing lasted less than 10 minutes. There is no deadline in place for Manier to review the materials requested.