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Wednesday, December 07, 2011
Ind. Decisions - "Walkout fees case allowed to resume"
That is the headline to Niki Kelly's story this morning in the Fort Wayne Journal Gazette. Mary Beth Schneider's story in the Indianapolis Star is headed "Judge: Courts can't interfere with legislature's decision to fine for walkout."
From the FWJG:
A Marion County judge ruled Tuesday that a House Democrat’s lawsuit contesting the docking of his pay to cover fines from a legislative walkout can move forward.From the IndyStar:Attorneys for GOP House Speaker Brian Bosma and State Auditor Tim Berry had argued that the court can’t intervene in legislative business and the lawsuit should be dismissed.
Judge David Dreyer agreed that the House has exclusive authority over compelling attendance and fining members. But he said it’s within a court’s jurisdiction to determine whether Berry could deduct the fines from members’ wages and pensions.
Fort Wayne Attorney Mark GiaQuinta argued on behalf of Rep. William Crawford, D-Indianapolis, that state law specifically forbids employers from unilaterally taking wages. Instead, employers must go to court to get a garnishment order.
“When the House fine affects statutorily protected employee compensation, the House is not acting within its ‘exclusive constitutional authority’ by directing the auditor to reduce payments – such reduction can only be affected through the courts, and the laws involving employee compensation,” Dreyer said in his ruling.
“Therefore, this court is not constitutionally separated from hearing claims about such wage reductions.”
The fines were a result of the five-week House Democratic walkout earlier this year that halted House business because of the lack of a quorum to conduct business.
A Marion Superior Court judge has ruled the courts cannot interfere with the legislature’s decision to fine members who walk-out to shut down business. But the courts can, he said, weigh in on whether the fines were properly doled out.The fines, of about $3,000 per lawmaker, were levied on the 39 Democrats who shut down action in the Indiana House for five weeks in the 2011 session to try to stop the passage of bills that affected labor unions and public education. The state has collected more than $100,000 as of September from the Democrats.
But State Rep. Bill Crawford, D-Indianapolis, filed suit in June challenging the fines.
At that time, Crawford said he was not contesting the fines themselves, but how they were seized, with lawmakers’ checks reduced.
“My concern was due process,” Crawford said then. “If we’re employees, they cannot under Indiana law take our money without us acquiescing or even giving us a chance to address the issue.”
Marion County Judge David Dreyer agreed with the state’s contention that the court has no power to intervene in the internal affairs of a separate branch of government. He ruled Tuesday that the courts “cannot interfere with the House’s ‘exclusive constitutional authority’ to compel attendance or determine a fine, even if it violates (another state statute) when doing so.”
But, he added, that does not prevent the courts from exercising its “ ‘exclusive constitutional authority’ to interpret and enforce the Indiana Constitution.”
When the House acts as an employer, Dreyer said in his opinion, “it does not use ‘exclusive’ powers. Therefore this court is not constitutionally separated from hearing claims about such wage reductions.”
Dreyer said later that this order is the first step in the case. He expects it to be appealed. If a higher court does not decide that he should have dismissed all of Crawford’s lawsuit, it could go to trial in 2012 — potentially being argued and decided in the middle of next year’s legislative session. Lawmakers come in on Jan. 4, and must complete their work by mid-March.
Posted by Marcia Oddi on December 7, 2011 11:09 AM
Posted to Ind. Trial Ct. Decisions