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Judge rules on case involving legislative walkout fines

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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.


 

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  • 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.

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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