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Thursday, January 19, 2012

Ind. Courts - "Judge David Dreyer has granted a temporary restraining order to prevent the imposition of fines on three representatives."

So reports WTHR 13 in a brief item this evening. More:

Democrats are appealing the House Speaker's decision to start fining them $1,000 a day as they boycott legislative proceedings over the contentious "right to work" bill.
Mary Beth Schneider adds that "Judge David Dreyer scheduled hearing on whether TRO should be prelim injunction for 1:30 p.m. Jan. 27."

Yesterday AG Zoeller issued this release:

INDIANAPOLIS – The Indiana Attorney General’s Office is defending several state officials from a legal action filed Wednesday that seeks to prevent the Indiana House of Representatives from imposing fines on legislators. The Attorney General’s Office contends the court should deny the plaintiffs’ motion for a temporary restraining order. Attorney General Greg Zoeller today issued this statement:

“The legislative process is often compared to ‘making sausage,’ and courts should stay out while the blades are moving. Under the separation of powers, this disagreement is an internal dispute for the legislative branch to resolve, not the judicial branch,” Zoeller said.

The Marion County Superior Court has not ruled yet on the motion filed Wednesday.

The Attorney General’s Office also represents state officials including the State Auditor and Speaker of the House in an earlier lawsuit over legislative fines filed in 2011. The trial court’s December 6 ruling in that case is currently being appealed.

Here is the "Motion to Compel and Fine" passed by the House yesterday, Jan. 18, 2012.

ILB: I'm hoping someone will send the ILB Dreyer's order from today and any other relevant documents.

Posted by Marcia Oddi on January 19, 2012 06:19 PM
Posted to Ind. Trial Ct. Decisions