« Ind. Gov't. - "Face of Indiana changes: New census report shows population is diversifying nationwide" | Main | Ind. Decisions - Supreme Court decision in Berry v. Crawford posted »

Tuesday, June 18, 2013

Ind. Decisions - Decision in Legislative Fines case

Here is what the Court will rule:

ALTHOUGH COURTS IN GENERAL HAVE THE POWER TO DETERMINE
DISPUTES BETWEEN CITIZENS, EVEN MEMBERS OF THE INDIANA
GENERAL ASSEMBLY, WE HOLD THAT WHERE A PARTICULAR FUNCTION
HAS BEEN EXPRESSLY DELEGATED TO THE LEGISLATURE BY OUR
CONSTITUTION WITHOUT ANY EXPRESS CONSTITUTIONAL LIMITATION
OR QUALIFICATION, DISPUTES ARISING IN THE EXERCISE OF SUCH
FUNCTIONS ARE INAPPROPRIATE FOR JUDICIAL RESOLUTION. THE
CASE BEFORE US INVOLVES SUCH NONJUSTICIABLE CLAIMS FOR
RELIEF ON WHICH THE JUDICIAL BRANCH MUST DECLINE TO PASS
JUDGMENT. THE TRIAL COURT ERRED IN RULING ON THE MERITS
OF THIS DISPUTE. BOTH THE ISSUANCE AND COLLECTION OF
FINES AS LEGISLATIVE DISCIPLINE ARE FUNCTIONS CONSTITUTION-
ALLY COMMITTED TO THE LEGISLATIVE BRANCH WITHOUT EXPRESS
LIMITATION OR QUALIFICATION BY OUR CONSTITUTION. WE
THEREFORE REVERSE THE JUDGMENT OF THE TRIAL COURT, REMAND,
AND DIRECT THE TRIAL COURT TO GRANT THE DEFENDANTS' MOTION
TO DISMISS FOR LACK OF JUSTICIABILITY. ------ DICKSON, C.J.
DAVID AND MASSA, JJ., CONCUR.
RUCKER, J., DISSENTS WITH SEPARATE OPINION.
RUSH, J., CONCURS IN PART AND DISSENTS IN PART WITH BOTH
THE MAJORITY AND THE DISSENT, WITH SEPARATE OPINION.
25 PAGES

Posted by Marcia Oddi on June 18, 2013 09:47 AM
Posted to Ind. Sup.Ct. Decisions