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Judge orders refund of legislative fines

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The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.

House Speaker Brian Bosma, R-Indianapolis, fined the Democratic representatives who left the state during the 2011 legislative session and deducted the money from the legislators’ pay and per diem compensation. Rep. William Crawford, D-Indianapolis, filed the lawsuit challenging the legality of the fines being deducted from their pay. Bosma again fined House Democrats who walked out during the current legislative session in protest of right-to-work legislation.

Late last year, Dreyer ruled that the imposition of the fines is beyond the court’s subject matter jurisdiction, but the collection of the fines remained at issue. He decided Monday to order a permanent injunction for defendants – Indiana Auditor Tim Berry, Indiana House Principal Clerk M. Caroline Spotts and the state of Indiana – to return the money withheld from the plaintiffs during the 2011 session and refrain from withholding amounts for the 2012 session without compliance with applicable Indiana wage payment law.

The seizure of the plaintiffs’ pay violates the Indiana Wage Payment statutes and due process.

“The clearly determinative factor in this case is the extreme risk of an erroneous deprivation if no due process is afforded,” wrote Dreyer. “House members may be absent for a variety of reasons, not specifically for the purpose of obstructing legislative action. They should have, at a minimum, a fair opportunity to be heard and present evidence to justify their absence before denial of pay or imposition of any other penalty becomes effective.”

The Office of the Indiana Attorney General plans to appeal the permanent injunction, believing the disagreement over the collection of fines belongs in the legislative branch.

“The interruption that led to the recent legislative fines ended when session resumed and legislators now should work out among themselves whether to collect fines. We disagree with the trial court’s prolonging this internal dispute and the precedent it would establish, and we will respectfully ask a higher court to redirect the dispute promptly and conclusively to the place it belongs: the Legislature,” Attorney General Greg Zoeller said.

The Indiana Supreme Court will hear the state’s separate appeal of Dreyer’s Dec. 6 ruling that declined to dismiss the plaintiffs’ suit.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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