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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.