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Lake Co. judge strikes down Indiana right-to-work

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A Lake County judge struck down Indiana's right-to-work ban on certain union fees in a second legal blow to the contentious law passed in 2012.

Lake Circuit Judge George Paras determined the law violates the state constitution by forcing unions to provide services to workers without payment. He wrote in his July 17 ruling that the law was immediately "null and void". Paras determined that the state interjected itself into a federal requirement that unions represent all workers -- whether they pay union fees or not -- when it established criminal penalties for violating the right-to-work law.

The United Steelworkers, which lobbied unsuccessfully against the law in 2011 and 2012, filed the suit against the state.

Indiana became the 23rd state in the nation to ban unions from charging mandatory fees for representation in February 2012; later that year, Michigan Gov. Rick Snyder rushed through legislation making Michigan the 24th state to ban the fees. Indiana's extensive battle on the issue drew thousands of protesters to the Statehouse between 2011 and 2012.

Attorney General Greg Zoeller said Wednesday he would appeal and seek an immediate stay of the ruling.

"Strong opinions exist on both sides about involuntary union dues, but the Attorney General's Office has a duty to defend the laws the Legislature passes," Zoeller said in a statement Wednesday.

Lake Superior Judge John Sedia judge struck down the law last fall in a separate case, but stayed it from taking effect. That case is now being considered by the Indiana Supreme Court.

The International Union of Operating Engineers Local 150, representing northwest Indiana, filed the suit being considered by the state's high court and praised the decision in the sister lawsuit Wednesday.

"We applaud the decision of the Court and congratulate the Steelworkers on successfully dealing another blow to Indiana's ill-conceived 'right to work' law," IUOE Local 150 president-business manager James M. Sweeney said in a statement Wednesday evening.

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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

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  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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