ILNews

Attorney general files right-to-work appeal with Indiana Supreme Court

IL Staff
September 12, 2013
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The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.

The move is in response to a decision issued by Lake Superior Court Judge John Sedia that struck down a provision of the right-to-work statute. In Sweeney V. Zoeller , the northern Indiana judge ruled that the labor law violates Article I, Section 21 of the Indiana Constitution by requiring unions to provide services to non-members without receiving just compensation.

At that time, the Indiana attorney general’s office called the ruling incorrect and said it would file an appeal.

Today, Indiana Attorney General Greg Zoeller said his office is asking the Indiana Supreme Court to reverse the Lake County decision and find the statute constitutional.

“We don’t begrudge the right of private plaintiffs to challenge a statute, but my office has a duty to defend the policy-making authority of the people’s elected representatives in the Legislature,” he stated in a press release.

The plaintiffs, which include the International Union of Operating Engineers, Local 150, filed a five-count complaint in Lake County on Feb. 11, 2013. The complaint asserted the right-to-work law, codified in Indiana Code 22-6-6, violated the state constitution.

Sedia dismissed four counts of the complaint but found the provisions that bar a union from requiring workers join and pay dues, and that criminalize intentionally forcing someone to join, were unconstitutional.   
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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