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

David J.
March 3, 2010
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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.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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