ILNews

Judge orders refund of legislative fines

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT