INDIANAPOLIS – The Indiana Supreme Court on Wednesday ruled that state Auditor Tim Berry does not have to repay money withheld from House Democrats to satisfy fines for protesting the right-to-work bill earlier this session.
But he is still prohibited from further withholding the fines from lawmakers’ pay.
The state’s highest court also merged two cases involving the fines – one from last year and one from 2012.
Democratic lawmakers aren’t contesting the ability of GOP House Speaker Brian Bosma to levy the fines but believe it is unlawful to have Berry unilaterally withhold the fines from expense and salary pay.
The Attorney General’s Office asked the high court to intervene after a Marion County judge blocked the House from collecting fines through payroll deduction.
The court took the case last week but made new rulings Wednesday.
“Under the constitutional separation of powers the legislative branch is where the dispute over legislative fines ultimately should be decided, but to redirect it there requires this necessary first step at the Indiana Supreme Court, and so we appreciate the court’s prompt action on the state’s motion,” Indiana Attorney General Greg Zoeller said.
Attorney Mark GiaQuinta of Fort Wayne has represented the Democrats in the matter and applauded Wednesday’s moves.
“We were very pleased that the Supreme Court today denied the request by the attorney general to lift Judge (David) Dreyer’s injunction preventing further forfeitures from our clients’ wages,” GiaQuinta said. “We look forward to the full disposition of the case in the Supreme Court.”
The court has not yet set oral arguments in the case.
