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. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well