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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

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  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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