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Justices rule governor doesn't have to testify in IBM case

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On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.

The justices issued an order Monday afternoon in the case of State of Indiana v. International Business Machines Corporation, No. 49S00-1201-PL-15, which follows a ruling from Judge David Dreyer in December that Daniels shouldn’t be excused from appearing for a deposition because nothing in state statute, court precedent or public policy warrants that.

During the arguments, an attorney representing the state argued that the law protected Daniels from having to testify and that the state had provided more than 50 other employees for depositions in his place. But IBM’s attorneys argued that Daniels has specific detailed knowledge about the deal that others didn’t and he should be required to share that information.

Within hours of hearing the case, the justices said that making Daniels give a deposition is contrary to Indiana Code 34-29-2-1 that protects the governor and other high-ranking officials from testifying in civil cases. The order signed by Chief Justice Randall T. Shepard said a written opinion will follow to explain more fully the Supreme Court’s decision reversing the trial court’s order. Justice Frank Sullivan concurred in result.

A trial is scheduled before Dreyer Feb. 27 in the case. The state had agreed to pay IBM $1.37 billion over 10 years to modernize Indiana’s welfare system, but Daniels canceled the contract in 2009 because of complaints about the automated system. The state sued IBM in May 2010 to take back the $437 million it paid the company. IBM countersued, saying the state still owes the company about $100 million.

Last month, Dreyer awarded small victories to each side. He ruled the state should pay IBM $40 million in subcontractor assignment fees and capped the damages the state can seek at $125 million, but he declined to dismiss the case in IBM’s favor on a request for $43 million in deferred fees and for the state to return computers and equipment used in the project.

 

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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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