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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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