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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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