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Can Ritz even legally sue?

Attorneys out there are pondering whether Indiana Superintendent of Public Instruction Glenda Ritz is even legally allowed to sue the State Board of Education.

She filed suit Tuesday using Department of Education counsel instead of going through Attorney General Greg Zoeller, the state's chief legal officer.

State law says "the attorney general shall prosecute and defend all suits instituted by or against the state of Indiana."

But can he do both in the same case?

Ritz is a separately-elected office holder, though, so it is unclear if she has her own rights to sue. Also, she is a member of the State Board of Education so could have standing on her own.

Zoeller called the situation "novel" and said he is talking to his clients about a possible resolution. When asked who his client was, he said "all of them."

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