INDIANAPOLIS -- The Indiana Supreme Court named Lt. Gov. Joe Kernan acting governor Wednesday because of Gov. Frank O'Bannon's apparent stroke earlier in the week.

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Bauer, Garton Announce Initiation Of Power Transfer Supreme Court Approves Kernan As Acting Governor Background On Lt. Gov. Joe KernanBackground On Gov. Frank O'Bannon Quotes On O'Bannon's Illness Governor's Web Site Offer Best Wishes To Governor, Family Sign Up: News E-Mails

The court's decision came after state lawmakers received a written statement from O'Bannon's doctors Wednesday morning saying O'Bannon -- who suffered a cerebral hemorrhage Monday and was showing small signs of improvement Wednesday -- cannot carry out his duties.

House Speaker Patrick Bauer and Republican Senate President Pro Tem Robert Garton, adhering to a transfer-of-power process described in the state's Constitution, submitted a letter to the court, and the justices issued the acting-governor order just before noon after deliberating for 69 minutes.

The court ratified all official actions that Kernan took between O'Bannon's hospitalization and the formal transfer of power -- an attempt to short-circuit any legal challenge over things Kernan did while unofficially assuming acting-governor duties during that time.

Garton and Bauer spoke with first lady Judy O'Bannon Wednesday morning before requesting the temporary transfer. Garton had said Tuesday he wanted Judy O'Bannon's approval and a written statement about the governor's condition before he would help initiate the process.

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"Her strength was incredible. She absolutely said it was time to transfer the duties and responsibilities, and she was in full agreement," Garton said.

Bauer said he hopes and prays that O'Bannon will fully recover and return.

To regain his gubernatorial powers, O'Bannon would need to petition the Indiana Supreme Court. O'Bannon's second term ends in January 2005, and he is not eligible to run again.

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

Kernan echoed what Garton said, telling reporters that even though he is acting governor, he also still is lieutenant governor. Frank O'Bannon still is governor, Kernan said.

Kernan spoke to reporters after Energize Indiana forum, an economic development event that is one of O'Bannon's top priorities. He said his top priority is getting up to speed on the issues facing the state.

Follow RTV6 and TheIndyChannel.com for updates to this story as they become available.

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