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AG's office says disputes over legislative rules should not be decided in court

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The Indiana Supreme Court will hear the state's appeal in the lawsuit over collecting fines imposed on absent members of the Legislature. The state's highest court on Friday ruled 4-1 to accept jurisdiction of the interlocutory appeal sought by the Indiana attorney general's office, which represents the state and officials named as defendants in the legislative fines lawsuit, Crawford v. Berry.

In a separate hearing Friday in the same underlying lawsuit, Marion Superior Court Judge David Dreyer heard arguments on the plaintiff's motion for a preliminary injunction but has not ruled yet. The trial court extended a temporary restraining order preventing collection of fines by way of payroll deduction for another 10 days.

The attorney general's office contends that under the separation of powers, a trial court cannot interfere in the business of the Legislature or its internal rules.

"Under our Constitution, disagreements between legislators over legislative rules should be hammered out and decided within the legislative branch, not the judicial branch,” said Attorney General Greg Zoeller. “Because the plaintiffs brought this internal dispute to the trial court, the state now must ask a higher court to send the dispute back to the Legislature where it fundamentally and properly belongs.”

A ruling in the underlying case Crawford v. Berry, originally litigated last year, was being appealed by the state. On Friday, the Supreme Court granted transfer, meaning the interlocutory appeal will be heard there, bypassing the Indiana Court of Appeals.

Zoeller noted that if the Marion Superior Court's eventual ruling on the preliminary injunction motion is appealed by either side, then that appeal also could be heard in the Indiana Supreme Court at its discretion, and the two appeals could be consolidated.


 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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