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Judge delays fines for boycotting Indiana Democrats

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Indiana House Democrats got a boost Thursday when a judge temporarily blocked the collection of $1,000-a-day fines imposed on them for their legislative boycott over the contentious right-to-work bill, and their leader said they might return to the House chamber Friday to vote.

The temporary injunction from Marion County Judge David Dreyer covers three Democratic representatives who have challenged the authority of the House leadership to deduct the fines from their state paychecks.

The judge's order came hours after most of the 40 House Democrats skipped an attempt by majority Republicans to hold a House session, leaving it for a third day with too few members to begin the scheduled debate on proposed amendments to the bill.

House Democratic leader Patrick Bauer said the party's lawyers were working to find a way to hold a voter referendum despite questions over whether it is allowed under the state Constitution.

"We are doing this so the people have a voice and they have a constitutionally approved opportunity to have a referendum," Bauer said.

Bauer said the proposal could be prepared as soon as Friday, possibly clearing the way for the 35 absent Democrats to return to the House floor and allowing action on the right-to-work bill and other legislation.

The Democrats' court challenge centers on the legality of the fines being deducted from their pay, not whether those fines could be imposed. Republican leaders maintain how they've handled the fines is legal and that the courts don't have the authority to intervene in the Legislature's inner workings.

"We're a separate branch of government, some people haven't figured that out," Republican House Speaker Brian Bosma said.

Attorney General Greg Zoeller, whose office is representing House Republicans and the state, echoed Bosma.

"The order is unfortunate and is a textbook example of why we have separate branches of government and why courts should not allow the judicial system to be used as a legislative tactic during the heat of the session," Zoeller said in a statement Thursday night.

Bosma tried to gavel the House into order twice on Thursday and said he hadn't had any communication with Democratic leaders about their return.

The right-to-work bill will be debated Friday regardless, since state Senate leaders decided to move up their scheduled plans for debating and voting on proposed amendments to the measure.

The injunction covers Democrats Shelli VanDenburgh of Crown Point and Vanessa Summers of Indianapolis, who filed a lawsuit after majority Republicans voted Wednesday to start imposing the fines. It also covers Bill Crawford of Indianapolis, who sued over the collection of smaller fines from last year's boycott.

Bauer said he expects other boycotting Democrats to join the suit, possibly including himself.

Republican Senate President Pro Tem David Long said House Democrats are giving flimsy excuses for their boycott and that he agreed with an analysis by legislative lawyers that the state constitution doesn't allow statewide voter referendums except on constitutional amendments.

"A simple legal analysis by a law student could have figured that out in no time," Long said. "Read your constitution, it's in black and white."

House Democratic leaders maintain that the constitutional question is being used as a defense by wavering Republicans for voting against the referendum proposal.

"We're eliminating the excuse," said Rep. Scott Pelath, D-Michigan City.

Long said the Senate — where Republicans hold a commanding 37-13 majority — would start debating its version of the right-to-work bill on Friday, after saying earlier Thursday that the Senate wouldn't act until next week. He said that Republican senators decided to take up the bill sooner since House Democrats hadn't committed to returning.

The outnumbered Senate Democrats can't block action with a similar boycott, but also plan to seek the voter referendum that House Democrats have advocated. Senate Minority Leader Vi Simpson, D-Bloomington, said she expected most Democrats would oppose a proposal by a Republican senator to exempt construction trades unions from the bill.

"Divide and conquer is very old wartime concept and we're not in favor of dividing the opponents and conquering them in that way," Simpson said.

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  • Interesting Commentary
    My...the debate is at such a high level today...such profound observations. I note the bile in the commentary seems to be directly proportional to one's inability to spell correctly.
  • Union Pockets
    Seems the judge may also be on Union payouts.....
  • Judge's name
    The judge is Marion County Judge David Dreyer. It has been added to the story.
  • Dumbocrats
    This idiot judge must be a lefty loon as well. Fire him and impeach all of the idiots that are getting paid to act like babies. We the people elected them to represent us. The dumbocrats are not representing us...they are striking like the union does when it is not happy.
  • Losers
    Pat Bauer is not a "leader", he is a loser. Wake up and smell the coffee Pat, and get back to the job to which you were elected.
  • Nameless Judge?
    Why does the author not name the judge who sent down this ruling? Who is the author trying to protect?
    • Typical Leftist tactics
      Bovine Scatology! It does not suprise me that a group of leftist (socialist pigs) like the Democrat party and Unions would stoop to constitutional illegalities to get "their way". This is how all earthly lefttist/marxist/commie B@%*@&ds get things done. When that does not work... then they will return to violence. It will happen, trust me!

      Lets (politcally speaking)put the crosshairs(yea I said it) on those loosers and ruin there political ambitions forever. That fat cat with the phoney hair hat will have a smaller minority to cuddle with next year. Just wait and see.
    • Freedom to work
      you can not charge me to work! it is against the law for anyone to make me pay to keep my job. i think everyone who has ever been kept from a job because you didnt think its fair to have to pay someone to so that you can work or keep your job should march down to the Statehouse and let mitch know that we would like to have jobs too. shame on pat for screwing over the Demos in Indiana. Pat you dont speak for us not all of us. and walking out... just proves why you should not be leading Indiana Democrats. shame on you!

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    1. Now if he'd just stay there...

    2. Daniel - what about the many US citizens who do NOT follow what the Bible teaches? The Hindus, Jews, Muslims and others who are all American citizens entitled to all rights as Americans?? This issue has NOTHING to do with "What the Bible says..." Keep all Churches separate from State! Pence's ongoing idiocy continues to make Indiana look like a backwards, homophobic state in the eyes of our nation. Can't we move on to bigger issues - like educating our kids?

    3. 1. IBJ should link to the referenced report. We are in the age of electronic media...not sharing information is lazy. Here is a link http://www.in.gov/gov/files/Blue_Ribbon_Panel_Report_July_9_2014.pdf 2. The article should provide more clarity about the make-up of this panel. The commenters are making this item out to be partisan, it does not appear the panel is partisan. Here is a list of the panel which appears to be balanced with different SME to add different perspectives http://www.in.gov/activecalendar/EventList.aspx?view=EventDetails&eventidn=138116?formation_id=189603 3. It suggests a by-pass, I do not see where this report suggests another "loop". 4. Henry, based on your kneejerk reaction, we would be better off if you moved to another state unless your post was meant as sarcasm in which case I say Well Done. 5. The article and report actually indicates need to improve rail and port infrastructure in direct contradiction to Shayla commentary. Specifically, recommendation is to consider passenger rail projects... 6. People have a voice with their elected officials. These are suggestions and do not represent "crony capitalism", etc. The report needs to be analyzed and the legislature can decide on priorities and spending. Don't like it, then vote in a new legislature but quit artificially creating issues where there are none! People need to sift through the politics and provide constructive criticism to the process rather than making uninformed comments in a public forum based on misinformation. IBJ should work harder to correct the record in these forums when blatant errors or misrepresentations are made.

    4. Joe ... Marriage is defined in the Bible ... it is mentioned in the Bible often. Marriage is not mentioned once in the US or Indiana Constitution ...

    5. Daniel - Educate me please: what does the Bible have to do with laws? If the government wasn't in the business of marriage to begin with, then it wouldn't have to "define" marriage at all. Marriage could be left as a personal, religious, or otherwise unregulated action, with no ties to taxes, legal status, etc. Then people could marry whomever they want, and all this silliness would go away. Remember to vote Libertarian in November.

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