ILNews

Indiana Judges Association: Legislative gridlock? Let the judges handle it

David J.
March 3, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Commentary


Now that Sen. Evan Bayh has apparently adopted the "Bill Polian" approach to political football (rest now for a later challenge), the term "gridlock" is becoming more common than "gridiron." The public spotlight glares even more disapprovingly upon Congress, if that is possible. Recent polls suggest that as much as 86 percent of the public feels Congress is "broken." The remaining 14 percent are presumably members of Congress and their staffs.

Overall, we citizens go about our daily lives oblivious to all this Beltway blustering. We have mortgages, kids, jobs (hopefully), and, most importantly, our local communities. But in the legislative branch, there is often no objective standard for success or failure. There is no practical leverage for legislatures to actually accomplish anything. There is no assembly line, no product orders to fill, no specific job duties to perform.

So when legislative battle lines are drawn, some of us are left wondering what the real reasons are.

Many purportedly wise commentators develop diatribe after diatribe about the lack of civility as the culprit. But if one looks more closely, it seems like there is often too much civility to get anything done. For example, U.S. Senate gridlock is often blamed on the mysterious practice of "holds," in which any senator (even a brand new one) can block or delay any action on a treaty, nomination, or legislation. According to the Library of Congress, no one knows how or when this practice was started, but it is derived from the unwritten tradition of "senatorial courtesy" honored by every president since George Washington.

Well, the "courtesy" every senator enjoys is actually a strategic weapon. One senator recently held up the nominations of dozens of presidential appointees to gain White House attention to award some federal programs to the senator's home state. In the 1990s, there was a two-year battle of holds between opposing senators that blocked such unrelated topics as an incumbent Federal Trade Commission member, two federal judge nominees, and an education bill.

But Congress is hardly alone in its fitful charade. State legislatures all over the country share the same gridlock addiction. During the summer of 2009, the California state budget (eighth largest in the world) faced a catastrophic $27 billion deficit ... and the legislature would not come to an agreement. At the same time, the New York state legislature went into a complete one-month stalemate, even to the point of one party physically locking the other delegation out of the chamber as no action was taken on stacks of bills. Let's not forget the countless times in which our own Indiana General Assembly has been halted by a partisan "walkout" - something we judges call a "failure to appear."

So what to do?

There is one solution that has yet been tried. We judges do not have the luxury of "courtesy" or gridlock. Oh, there is a sure abundance of real civility in our courts, but there is also a bottom line: Get the case decided and move on. The legal system is the lifeblood of solving problems. Indiana annual case filings have reached 2 million, up 33 percent over the last 10 years. Despite increasing caseloads and dwindling resources, Indiana state judges are continuing to meet their obligations year in and year out.

So when legislative gridlock raises it ugly head, why not treat it like any other unsettled legal dispute? Why not let the courts solve it? Just consider:

* We have a proven track record of deciding issues on merits, not politics.

* We are trained in dispute resolution.

* We're on the job all year round.

* There are no vetoes.

* We cannot accept any money, meals, or tickets from anybody for any reason.

* We will not hold press conferences.

* We will not take polls on the issues.
 

Hon. David J. Dreyer has been a judge for the Marion Superior Court since 1997. He is a graduate of the University of Notre Dame and Notre Dame Law School. He is a former board member of the Indiana Judges Association. The opinions expressed in this column are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT