« Ind. Law - "Indiana lawmakers send wagebill to governor, but there's catch" | Main | Ind. Decisions - More on "U.S. District Judge Allen Sharp ordered that Joseph Corcoran be resentenced but that he should not receive the death penalty" »

Wednesday, April 18, 2007

Ind. Decisions - More on: Porter Judge Alexa rules on Soliday residency dispute

Vicki Urbanik has a long story today in the Chesterton Tribune on the Soliday hearing yesterday. It begins with the clearest description I've seen on Judge Alexa's ruling:

With less than two weeks left in this year’s session of the Indiana General Assembly, it’s up to the Indiana House to decide if one of their members, State Rep. Ed Soliday, R-Valparaiso, is properly seated.

That was the ruling this morning by Porter Superior Court Judge William Alexa, who granted Soliday’s request to dismiss the residency case against him -- but not for the reason advanced by Soliday’s attorney, William Bock.

Bock argued at this morning’s hearing that Alexa should dismiss the case because of legislative immunity, which grants state legislators protections while they are in session. Bock argued that if the case were dismissed, it could be re-filed once the session is over with, and that Alexa’s court has no jurisdiction until then.

But Alexa, himself a former state legislator, said he was dismissing the case for an entirely different reason -- on his own motion involving the separation of powers.

Alexa said his court does not have jurisdiction to remove a legislator. “That’s for the body itself to do,” he ruled.

His ruling now throws the issue to the Indiana House, which is narrowly controlled by Democrats, at a critical and chaotic time when both chambers are working out compromises on bills and trying to pass a state budget before Sunday.

Alexa, a Democrat, made it clear that the state constitution gives the legislative chambers the authority to judge the qualifications of their members. However, he also hinted that he agreed with the substance of the case against Soliday.

Referring to an ordinance passed in 2001 by the Porter County Commissioners that changed precinct lines, Alexa said that only the Legislature -- not counties -- have the authority to change legislative boundary lines.

Otherwise, he said, each of Indiana’ 92 counties “could play havoc” with the legislative process.

See also today's earlier ILB entry, here.

Posted by Marcia Oddi on April 18, 2007 09:38 AM
Posted to Ind. Trial Ct. Decisions