« Ind. Courts - Trial in Delaware County on suit that seeks to overturn smoking ban there | Main | Courts - More on "Ray Charles could see that signature was doctored" »

Saturday, December 17, 2011

Ind. Gov't. - "Ind. AG to challenge order that Daniels testify "

Charles Wilson of the AP reported last evening:

An Indiana judge on Friday ordered Gov. Mitch Daniels to be deposed in two lawsuits over the state’s cancellation of a $1.37 billion contract IBM received to modernize the state’s welfare system, but the state attorney general said he would challenge the order.

“A deposition of a sitting governor would set a precedent that would have ramifications for the Office of the Governor and all of its future officeholders,” Attorney General Greg Zoeller said in a statement. “As Attorney General, is it my legal obligation to ensure that this court order is challenged, and therefore it will be challenged in the appropriate court.” * * *

Marion Superior Court Judge David Dreyer said a law state attorneys say protects Daniels from testifying is “ambiguous” and excluding Daniels from being deposed would be “illogical,” given that the state filed the first lawsuit in the case.

Indiana is suing IBM to recover more than $400 million it paid the company before Daniels canceled the 10-year contract in 2009 amid complaints about the automated welfare system. IBM’s countersuit says the state still owes IBM about $100 million.

IBM contends Daniels could provide details others couldn’t. Indiana’s attorneys argued it’s common for high-ranking government officials to stay out of civil lawsuits.

“The governor’s intent and state of mind are issues of fact in this case,” the order said. Without the governor’s testimony, both sides could be forced to call other witnesses to speculate about his intent, which would be inadmissible, Dreyer wrote.

Here is a long list of earlier ILB entries re the IBM contract.

Posted by Marcia Oddi on December 17, 2011 07:10 PM
Posted to Indiana Government