Berry v. Crawford

990 N.E.2d 410, 2013 WL 3029001
CourtIndiana Supreme Court
DecidedJune 18, 2013
DocketNos. 49S00-1201-PL-53, 49S00-1202-PL-76
StatusPublished
Cited by19 cases

This text of 990 N.E.2d 410 (Berry v. Crawford) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berry v. Crawford, 990 N.E.2d 410, 2013 WL 3029001 (Ind. 2013).

Opinions

DICKSON, Chief Justice.

With this case we confront whether the judicial branch may, consistent -with the Indiana Constitution, review actions of and intervene in the internal management of the legislative branch, specifically the decision of the House of Representatives to collect fines from House members who left the state to prevent the formation of a quorum. We hold that when, as here, the Indiana Constitution expressly assigns certain functions to the legislative branch without any contrary constitutional qualification or limitation, challenges to the exercise of such legislative powers are nonjus-ticiable and the doctrine of separation of powers precludes judicial consideration of the claims for relief, and the defendants’ request for dismissal of the plaintiffs’ claims should have been granted in full.

During the 2011 legislative session, members of the Indiana House of Representatives Democratic Caucus left the House Chambers and the state to prevent the formation of a quorum in order to block a vote on impending legislation. Members of the House Republican Caucus imposed, by motion, fines on the absent legislators. The Speaker of the House, Brian Bosma, then directed the Principal Clerk, M. Caroline Spotts, to submit payroll grids to the Auditor of State, Tim Berry, withholding the fines from legislative pay. The plaintiffs, affected members of the House Democratic Caucus, brought suit in Marion Superior Court seeking to recover the withheld pay and enjoin future action to recover the fines.

On December 6, 2011, the trial court granted the defendants’ motion to dismiss in part, finding that the determination of the fine was within the House’s “exclusive constitutional authority” and thus outside the court’s jurisdiction, but denied it in part, finding that review of the collection of fines was within the court’s jurisdiction. The trial court then certified its order for interlocutory appeal and stayed the case pending that appeal (“Berry I ”).

During the 2012 legislative session, members of the House Democratic Caucus again absented themselves from the House Chambers in order to block a vote on impending legislation. House Republicans again passed motions to compel and fine the absent members. The trial court then lifted its stay to allow amendment of the plaintiffs’ complaint to add additional House Democrats as plaintiffs. On January 27, 2012, the trial court held a hearing on the plaintiffs’ motion for preliminary injunction.

On February 6, 2012, the trial court consolidated the trial on the merits with the previous hearing on the motion for preliminary injunction and entered final judgment for the plaintiffs (“Berry II”). The court ordered return of the withheld [414]*414amounts and issued a permanent injunction preventing future withholding, finding that the seizure of the members’ pay in satisfaction of the legislative fines violated the Indiana Wage Payment Statutes. The defendants appeal both the December 6, 2011, denial of the defendants’ motion to dismiss, Berry I, and the February 6, 2012, final judgment, Berry II, which have been consolidated by this Court into one appeal.1

In granting the defendants’ motion to dismiss in part, the trial court found that it could not “interfere with the House’s ‘exclusive constitutional authority to compel attendance or determine a fine, even if it violates [statutory law] when doing so.” Appellants’ App’x at 7. We agree. For courts to get involved in such a legislative function would amount to the type of “constitutionally impermissible judicial interference with the internal operations of the legislative branch” which we have rejected in the past. State ex rel. Masariu v. Marion Superior Ct. No. 1, 621 N.E.2d 1097, 1098 (Ind.1993). Yet, in denying the motion with regard to review of the collection of the legislative fines, the trial court found that “the House’s ‘exclusive constitutional authority’ to compel attendance does not preclude Indiana courts from otherwise interpreting and enforcing applicable Indiana statutes — which is the courts’ ‘exclusive constitutional authority.’ ” Appellants’ App’x at 8. Thus, the trial court concluded, it was not precluded from deciding plaintiffs’ Indiana wage claims and Indiana constitutional claims relating to the collection of the fines. This is incorrect.

The standard of review for a trial court’s grant or denial of a 12(B)(1) motion to dismiss for lack of subject matter jurisdiction is “a function of what occurred in the trial court.” GKN Co. v. Magness, 744 N.E.2d 397, 401 (Ind.2001). Where the facts before the trial court are not in dispute, the question of subject matter jurisdiction is one of law and we review the trial court’s ruling de novo. Id. Likewise, when reviewing a final judgment, we review all conclusions of law de novo. Ind. Dep’t of Ins. v. Everhart, 960 N.E.2d 129, 133 (Ind.2012). Therefore, because the facts here are not in dispute, we review the trial court’s judgment de novo.

The defendants assert that “[t]he Indiana Constitution commits legislative discipline exclusively to the respective houses of the General Assembly, and discipline of members is not subject to judicial review.” Appellants’ Br. at 15-16. In support, the defendants cite various provisions of Article 4 of the Indiana Constitution, which delineate the powers of the legislative department. Article 4, Section 10, states, in relevant part, “Each House, when assembled, shall choose its own officers ...; judge the elections, qualifications, and returns of its own members; determine its rules of proceeding, and sit upon its own adjournment.” Ind. Const. art. 4, § 10. The defendants also rely on Article 4, Section 11,

Two-thirds of each House shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either House fail to effect an organization within the first five days thereafter, the members of the House so failing, shall be entitled to no compensation, from the end of the said five days until an organization shall have been effected.

[415]*415Id. art. 4, § 11 (emphasis added). Finally, the defendants cite Article 4, Section 14, relating to discipline of members: “Either House may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.” Id. art. 4, § 14 (emphasis added). Therefore, the defendants argue, the trial court, in reviewing the plaintiffs’ claims and entering final judgment for the plaintiffs, acted in violation of the principles of separation of powers decreed by the Indiana Constitution.

The separation of powers doctrine is embodied in Article 3, Section 1, of the Indiana Constitution, which states,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith & Wesson Corp. v. City Of Gary, Indiana
Indiana Court of Appeals, 2025
Theodore Edward Rokita v. Barbara Tully
Indiana Court of Appeals, 2024
Marion County Circuit Court v. Dustin King
Indiana Court of Appeals, 2020
Jeana M. Horner v. Terry R. Curry
125 N.E.3d 584 (Indiana Supreme Court, 2019)
Durham v. Martin
388 F. Supp. 3d 919 (M.D. Tennessee, 2019)
Esserman v. Indiana Department of Environmental Management
66 N.E.3d 993 (Indiana Court of Appeals, 2016)
Roger S. Blackman v. Karen A. Gholson and James W. Blackman
46 N.E.3d 975 (Indiana Court of Appeals, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
990 N.E.2d 410, 2013 WL 3029001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-crawford-ind-2013.