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Justices explain opinion in IBM case

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Last month, the Indiana Supreme Court ruled that Gov. Mitch Daniels doesn’t have to testify in the dispute between the state and IBM regarding a cancelled contract to modernize the state’s welfare system. On Wednesday, the justices explained their reasoning.

In State of Indiana v. International Business Machines Corporation, No. 49S00-1201-PL-15, the majority focused on Indiana Code 34-29-2-1, which says the governor is “privileged from arrest on civil process, and from obeying any subpoena to testify,” and whether that precludes a trial court from issuing an order to compel the governor’s deposition in this case. Writing for the majority, Justice Robert Rucker found that the statute does preclude Daniels’ deposition.

The state and IBM are locked in a legal battle over the state’s decision to cancel the multi-million dollar contract with IBM to update Indiana’s welfare system. IBM served notice on Daniels to take his testimonial deposition, but the state argued under I.C. 34-29-2-1(6), Daniels cannot be deposed. A Marion Superior judge eventually ruled that Daniels could testify.

On Feb. 13, the justices heard arguments on the matter and ruled Daniels doesn’t have to testify.

Rucker wrote in the opinion that ultimately, the question in the case boils down to whether a trial court’s order to compel the governor’s deposition amounts to a “subpoena” from which the governor is privileged under Indiana statute. The majority found the reference to “subpoena” in the statute encompasses the order at issue here, and the statute clearly precludes the deposition of a sitting governor.

“To hold otherwise would be to elevate a strict literal meaning of the word 'subpoena' over clear Legislative intent to provide a gubernatorial privilege against compelled testimony. Surely the Legislature did not mean that any court command, provided it was not denominated 'subpoena,' would suffice to evade the statutory privilege,” Rucker wrote.

Justice Frank Sullivan concurred in result in a separate opinion, writing that it’s not necessary to rule on the privilege issue because the information IBM seeks from the governor isn’t relevant or material to any issue in the case.

 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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