The Indiana Supreme Court ruled Tuesday it should not get involved in a lawsuit challenging the collection of fines handed down to House Democrats during their walkouts in the 2011 and 2012 sessions.
In a three to two decision, Chief Justice Brent Dickson wrote for the majority, ruling the fines imposed by House Republicans were internal matters of the legislature and not subject to judicial review.
In statements, Speaker of the House Brian Bosma (R-Indianapolis) and Republican Attorney General Greg Zoeller praised the ruling. Bosma calls the decision a victory for the Indiana Constitution and says, with the matter closed, he looks forward to working in a bipartisan manner.
Attorney Mark GiaQuinta, the brother of Representative Phil GiaQuinta (D-Fort Wayne), represented House Democrats in their suit. He says the three to two decision emphasizes the issue’s complexity and he worries about the possible precedent.
“I am concerned that either party would view this as having unfettered discretion to take the minority’s property.”
GiaQuinta says the Supreme Court did not address the issue of House Democrats’ pensions, which were reduced as a result of the fines. The Democrats raised the pension issue before the Court.
“We will likely ask the Supreme Court to take a second look and explain how the state Auditor could deprive them of their pensions.”