Judge gives Holcomb procedural victory over Attorney General

[TexasTowelie]

A Marion County Judge has ruled in favor of Governor Eric Holcomb on two procedural motions involving his lawsuit against the Indiana General Assembly over who has the power to call special sessions.

The issues at hand were whether the Governor had to get permission from the Attorney General in order to hire outside counsel and whether Indiana lawmakers were immune from litigation while they were in session.

Judge P.J. Dietrick ruled in the Governor’s favor on both counts.

Judge Dietrick held the Governor could be represented by an independent counsel, saying the Governor has the inherent power to carry out powers spelled out in the state Constitution and that Rokita’s power was created by statute and a statutorily created office cannot block a constitutional officer from exercising powers given to them by the Constitution.

The judge also held that Indiana’s governors have the statutory power to hire outside counsel.

Read more: https://indypolitics.org/judge-gives-holcomb-procedural-victory-over-attorney-general/

[TexasTowelie]

1. And a follow-up to the OP:

Attorney general rejects judge’s decision, takes case to Indiana Supreme Court

INDIANAPOLIS—Gov. Eric Holcomb’s lawsuit against the Indiana General Assembly is moving forward, but over the continuing resistance of Attorney General Todd Rokita.

In April, Holcomb filed the lawsuit against the General Assembly in Marion County court over what he calls the unconstitutionality of House Enrolled Act 1123. The now law allows the General Assembly to call itself into an emergency session and enact legislation.

Holcomb claims that HEA 1123 violates the separation of powers as described in the Indiana Constitution. In the lawsuit, Holcomb said that “the General Assembly has impermissibly attempted to give itself the ability to call special sessions, thereby usurping a power given exclusively to the governor.”

In May, Rokita said the Office of the Indiana Attorney General is the one to resolve disputes between branches. As a response to Holcomb’s lawsuit, Rokita filed a motion in Marion Superior Court to stop the suit.

Read more: http://thestatehousefile.com/attorney-general-rejects-judges-decision-takes-case-to-indiana-supreme-court/