High court to hear legislative fines appeal

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The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.

State Auditor Tim Berry and other state defendants asked the Supreme Court to rule on the matter after Marion Superior Judge David Dreyer held this week that the Democratic representatives should be reimbursed any amount withheld in 2011 and shouldn’t be fined for walking out during the 2012 session.

Rep. William Crawford, D-Indianapolis, and other state representatives filed the lawsuit challenging the legality of the fines being deducted from their salary and per diem compensation.

The justices stayed the portion of the ruling that requires the state auditor to immediately pay the withheld amounts. The portion of the trial court’s order enjoining the auditor, Indiana house principal clerk, and the state from withholding the fines, and all other portions of the trial court’s order on final judgment, remain in effect until further order from the justices.

The Supreme Court granted transfer Jan. 27 to review the decision by Dreyer that held the trial court did not have jurisdiction to review the House of Representative’s internal discipline when it came to compelling attendance or assessing fines during the 2011 legislative session, but that it did have jurisdiction to review the manner in which the fines were collected. The justices consolidated the two appeals, but documents filed in the consolidated appeal will bear both Supreme Court cause numbers.



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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon