ILNews

State won't immediately appeal IBM 'deliberative processes' ruling

Back to TopCommentsE-mailPrintBookmark and Share

At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.

That means the state will be turning over thousands of documents, including e-mails from the governor and other state officials, relating to a cancelled $1.37 billion welfare system contract.

Released earlier this week, a notice filed Friday by attorneys representing the state notified the Marion Superior Court that they wouldn’t be initiating an interlocutory appeal in the consolidated case of State v. International Business Machines Corp. and IBM v. State, No. 49D10-1005-PL-021451, centering on the cancellation of IBM's contract to modernize the state's welfare system. The state sued last year trying to recoup hundreds of millions of dollars it had paid the company before cancelling the contract in 2009, and the computer giant countersued on breach of contract allegations and argued the state still owes about $100 million.

But a discovery question about what documents should be turned over became controversial, and the state asserted a “deliberative process” executive process shielding the documents from release. Judge David Dreyer ruled in February the privilege exists but it didn’t apply to many documents in this case. After a private review of more than 11,000 documents, the judge decided March 22 what documents must be turned over. The list included state employee e-mails and some from Gov. Mitch Daniels. The documents are to be released only to IBM and not be available for public review.

With the latest notice, the company’s attorney Andrew Hull says the documents and e-mails are already being turned over to IBM. The state will not exercise its immediate right to ask for an interlocutory appeal on this issue. But this doesn’t stop attorneys from ultimately appealing any final judgment from Judge Dreyer and raising these or other issues that may come up.

One of those issues could be a yet unresolved question about whether the governor and his chief of staff must participate in depositions. The state argues the two shouldn’t have to appear and has requested a protective order to stop this from happening, while IBM contends both were intimately involved with the project and should be transparent in revealing those details.

A hearing on that issue is set for April 18, while a hearing is set for other pending matters the following day.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

ADVERTISEMENT