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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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