ILNews

Judge rules on case involving legislative walkout fines

Back to TopCommentsE-mailPrintBookmark and Share

A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.

But Judge David Dreyer also ruled that if the legislative body is acting as an employer, then the state must adhere to Indiana statute on employee wage issues and those claims are ones that trial courts can consider.

In a five-page decision Tuesday in William Crawford v. Tim Berry, et al., No. 49D10-1106-PL-023491, Dreyer kept alive a case filed in June on the heels of 39 Indiana House of Representatives Democrats being fined for a five-week walkout in February and March. House Speaker Brian Bosma, R-Indianapolis, used a House rule to assess fines against the Democrats who left the state in response to a proposed right-to-work bill. The fines were deducted from their legislative pay, and Rep. William Crawford, D-Indianapolis, brought suit to recoup the more than $3,000 taken in wages and retirement contributions by State Auditor Tim Berry.

The suit alleged that Indiana Code 22-2-8-1 prohibits employers from taking the fines out of paychecks. The defendants filed a motion to dismiss on grounds that state courts don’t have the authority to intervene in the internal affairs of a separate branch of government.

Relying on Article 3, Section 1 of the Indiana Constitution and a 1993 Indiana Supreme Court case, Dreyer agreed with the state’s argument and granted the motion to dismiss on that issue. State statute doesn’t allow the fine, and Dreyer pointed to State ex Rel. Masariu v. Marion Superior Court, Ind., 621 N.E.2d 1097 (1993), to find that even illegal activities don’t mean the courts can intervene.

“So, Indiana courts cannot interfere with the House’s ‘exclusive constitutional authority’ to pass laws, even if they violate other laws when doing so,” Dreyer wrote. “Similarly, this Court cannot interfere with the House’s ‘exclusive constitutional authority’ to compel attendance or determine a fine, even if it violates I.C. 22-2-8-1 when doing so.”

As a result of that determination, Dreyer dismissed Bosma as a party.

But even when the House has “exclusive constitutional authority” to compel attendance and impose fines, Dreyer determined the courts can still interpret and enforce applicable Indiana statutes on wages because of its own “exclusive constitutional authority.” The judge found that the House fine affects statutorily protected employee compensation and that doesn’t fall within the legislative body’s exclusive power because the House is acting as an employer. That means Berry, the state auditor, remains as a defendant and the suit proceeds.


 

ADVERTISEMENT

  • Clarification
    We did not press the fine issue. The issue was always the illegal collection of the fine and the illegal failure to pay the per diem and pension. We prevailed on those three issues.

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT