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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. 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

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