ILNews

Fines will stand in legislative walkout case

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The Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.

In Tim Berry, auditor of State; M. Caroline Spotts, Principal Clerk of the House of Representatives; and The State of Indiana/Brian C. Bosma, Speaker v. William Crawford, et. al, 49S00-1201-PL-53 and 49S00-1202-PL-76, the Indiana Supreme Court reversed the judgment of the trial court and directed the trial court grant the defendants’ motion to dismiss for lack of justiciability.

However, the case split the court with Justice Robert Rucker dissenting and Justice Loretta Rush concurring in part and dissenting in part.

The case stems from the walkout by Democrats in the Indiana House of Representatives during the right-to-work debates in 2011 and 2012. Speaker Brian Bosma, R-Indianapolis, directed that fines be withheld from the legislative pay of the absent representatives.

The affected members of the House Democratic Caucus brought suit in Marion Superior Court seeking to recover the withheld pay and enjoin future action to recover the fines.

In its decision, the majority of the Supreme Court held the actions taken were within the authority granted both in the Indiana Constitution and in the House rules. Therefore, the judicial branch has no authority to decide the case.

“Although courts in general have the power to determine disputes between citizens, even members of the Indiana General Assembly, we hold that where a particular function has been expressly delegated to the legislature by our Constitution without any express constitutional limitation or qualification, disputes arising in the exercise of such functions are inappropriate for judicial resolution,” Chief Justice Brent Dickson wrote.

Dickson was joined by Justices Steven David and Mark Massa.

As part of his dissent, Rucker argued the court’s assertion that it is constitutionally limited from intervening is without precedence. He stated the House of Representatives’ constitutionally granted ability to punish its members does not include the discretion to reduce its members’ compensation.

Rush joined Rucker in arguing the case is not about the House’s authority to impose these fines but about whether it may collect the fines in the manner it did, and on that point, she wrote, “I share his understanding of Article 4, Section 29 as an ‘express constitutional limitation’ that makes this limited question justiciable.”

Bosma applauded about the court’s decision.

“I am very pleased that the Supreme Court properly respected the separation of powers and the rights of the legislative branch to manage its own internal affairs without interference from the judicial branch,” he said. “I consider this a victory for the Indiana Constitution and the proponents of limited government, and consider the matter closed.”


 


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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