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Dickson encourages compromise on House Democrat fines suit

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Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.

“Courts are not a political institution,” Dickson said at the close of oral arguments, after he noted Solicitor General Thomas Fisher’s opening observation that the case was about hardball politics. Dickson admonished “both sides to get together and settle this by compromise.”

Justices on Thursday heard oral arguments in Tim Berry, et al. v. William Crawford, et al., 49S00-1201-PL-53. At issue is whether the Legislature had the power to withhold from Democratic lawmakers’ per diem payments the fines that were assessed when the minority bolted from the House in an effort to prevent votes on right to work legislation.

Fisher argued that courts had very limited grounds to intervene in House discipline under its rules, but several justices questioned him regarding how far the Legislature could go in collecting the fines it assesses.

“Is there any limit on the ability to collect fines?” Justice Loretta Rush asked, after which Fisher said the General Assembly should have the ability to collect without judicial interference as long as it was within its rules.  

“How far do you push the non-intervention of the court based on the conduct of the General Assembly,” asked Justice Robert Rucker, the lone Democratic-appointed member of the court. “It is the collection piece that still bothers me.”

Fisher replied that fines and their collection have been the province of legislatures since colonial times. “This is something legislatures have done over centuries,” he said.

Attorney Mark GiaQuinta of Haller & Colvin P.C. in Fort Wayne argued on behalf of Democratic lawmakers that there is little court precedent for the seizure of lawmakers’ pay besides Powell v. McCormack, 395 U.S. 486 (1969), in which a scandalized lawmaker was seated but fined $25,000. The U.S. Supreme Court held that Congress may not develop qualifications for members beyond those in Article 1, Section 5 of the Constitution.

“No other case we can find other than Powell v. McCormack involves the seizure of legislative pay,” GiaQuinta said. He said the seizure of lawmakers’ pay left them without access to due process that would have been provided in a garnishment proceeding.

“We’re proposing they follow the same procedure as any other employer,” he said.

GiaQuinta said Democrats who walked out of the session faced economic losses of $5,000 to $10,000, when fines and their impact on other benefits are tallied.

After Thursday’s argument, Rep. William Crawford, D-Indianapolis, said the case was about fairness. “Why should they treat me any differently because I happen to be a legislator?”

GiaQuinta, meantime, said Dickson had made his point. “I would never fail to take the advice of the Chief Justice of the Supreme Court of Indiana,” he said. He said after Thursday’s arguments that he planned to talk further with Fisher.

House Speaker Brian Bosma, R-Indianapolis, issued a statement after Thursday’s argument that sounded like compromise was off the table.
 
“I appreciate the attorney general’s continued defense of the separation of powers doctrine clearly mandated by our state’s Constitution, and continue to hold that our court system has no jurisdiction to review or overturn the internal workings of the Indiana General Assembly,” Bosma said.

“I look forward to the Supreme Court confirming the limitation of judicial authority over the legislative branch, and to getting the activities of the 2013 session under way.”
 

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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