A Citizen's Guide to Indiana

Masson's Blog

Bayh signs on to Net Neutrality

by 6 Comments

Well, good for Sen. Bayh. According to Talking Points Memo, the good Senator has signed on to support Net Neutrality. I’m not particularly familiar with the details, but at it’s heart, it’s a requirement that network providers can’t discriminate between the bits that pass through their networks so as to provide better service to favored people, content, or businesses.

Telecomm companies seem to be arguing that if they could only charge for preferential treatment of bits traveling along their wires, then services for customers would blossom and innovation would explode. I think I heard this one before during the Telecomm Act of 1996, and I don’t think the predictions quite panned out. (How much competition do you see in local telephone service? How much has your cable bill gone down?) So, I’m skeptical of the telecomm claims.

I think Senator Bayh is on the side of the angels on this issue.

Tippecanoe Politics on IN-41

by Leave a Comment

Tippecanoe Politics has a good analysis of the race in Indiana’s 41st House District, located around Crawfordsville. The district is currently represented by Republican Dr. Tim Brown. His challenger is James Stytle. The jist is that it’s a heavily Republican district and if the well-liked and well-known Judge Ray Kirtley couldn’t unseat Rep. Brown in 2004, Stytle has a seriously uphill battle on his hands even if the political landscape is more favorable to Democrats in 2006 than it was in 2004.

Toll Road: Trial Court upheld 4-0

by 5 Comments

Via the Indiana Law Blog:

From the docket in the toll road case, BONNEY, STEVE ET AL.-V- INDIANA FINANCE AUTHORITY, ET AL:

6/20/06 ISSUED THE ENCLOSED OPINION:
6/20/06 2006 TERM
THE ORDER OF THE TRIAL COURT IS AFFIRMED. — BOEHM, J.
SHEPARD, C.J., AND SULLIVAN AND RUCKER, JJ., CONCUR
DICKSON, J., NOT PARTICIPATING.
19 PAGES MS

Opinion available here.

The Court found that the Indiana Finance Authority is a “municipal corporation,” despite its statewide scope because of the General Assembly’s Humpty-Dumpty powers of defining words to mean what they wish them to mean. IC 34-6-2-86(1)(B) requires only that the IFA be a public instrumentality or public corporate body created by state law to be regarded as a “municipal corporation.”

The Supreme Court further determined that the Plaintiffs did not raise any substantial issues to be tried. I’m generalizing (and paraphrasing), but the Supreme Court essentially concluded that appropriations are not special legislation and so throwing pork at particular counties to get the Toll Road legislation passed didn’t constitute special legislation.

The Supreme Court further concluded that the State no longer has “public debt” under Article X, Section 2 of the Indiana Constitution. In a footnote, the Court notes that it does not believe that the question of whether the Toll Road transaction is a lease or a sale is dispositive to the Plaintiff’s contention that the statute violates Art. X, Sec. 2; rather it’s the fact that the State no longer has any public debt.

Because state law has set up entities like the Indiana Finance Authority to issue debt secured by money controlled by the State rather than having the State incur the debt directly, there is no public debt, says the Court. The Court also noted that debts of local government do not constitute public debt — a point that makes a lot of sense to me. I did not see how the Court addressed unfunded retirement obligations of the State under PERF and TRF.

The Court appears to have avoided a major confrontation with the Governor and the General Assembly primarily through two definitional maneuvers: “muncipal corporation” doesn’t have to have anything to do with a municipality; and “public debt” doesn’t refer to debt for which the public is ultimately responsible.

IN-09: Bill Clinton v. Laura Bush?

by 16 Comments

Lesley Stedman Weidenbener has an article in the Louisville Courier Journal on some heavy hitting fundraisers being conducted in Indiana’s 9th Congressional District. Bill Clinton will be conducting a fundraiser for Once & Future Democrat Baron Hill while Laura Bush will be conducting one for incumbent trucking magnate Mike Sodrel. Weidenbener notes the attention this race is getting from the national media.

Meanwhile, Political Junkie Matt Tully asks the important question, “Laura Bush or Bill Clinton. Who would you rather dine with?”

I posted my comment to his blog post:

Bill is tremendously intelligent and has a freakish amount of charisma.

Laura is probably a very nice lady.

I’ll go with the charismatic braniac.

Meanwhile, I note that the comment of Benjamin H. strikes me as indicative of Bush supporters everywhere:

I don’t even have to think…Mrs. Bush

Bush: the choice of non-thinkers everywhere.

Toll Road: Editorial in FWJG

by Leave a Comment

The Fort Wayne Journal Gazette has an excellent editorial on the Toll Road lawsuit. It does not take a position on the merits of the case but rather does a good job of laying out the competing arguments and the basics of the legal issues being argued, complete with excerpts of the relevant statutes and Constitutional provisions.

The editorial does suggest that Justice Dickson ought to disclose his reasons for recusing himself from the case even if he is not legally obligated to do so. “Even thought he is not required to explain his actions, this is not a time for mystery on the court,” says the editorial. The editorial also credits Chief Justice Shepard for making the Indiana Supreme Court a comparatively open institution and for taking steps to help the public learn more about the judicial systems.

Kids in juvie will have a place to work when they get out

by Leave a Comment

Richard Walton and Tim Evans have an article in the Indy Star entitled “Guards for kids have records.”

More than a quarter of employees who supervise youths at the Marion County Juvenile Detention Center have criminal convictions, according to a court official appointed to clean up problems at the center.

Advance Indiana has more and notes that this reflects badly on former Judge James Payne who presided over Marion County’s juvenile court for nearly 20 years. Of Judge Payne’s tenure, Judge Marilyn Moore has said “One of the things the did not do here was practice law.” Gov. Daniels has now promoted Judge Payne to be the state’s Director of Child Services. Good choice.

But, at least kids who commit offenses will have a shot at getting jobs at the Marion County Juvenile Detention Center.

IN-08: GOP politicizes tragedy in support of Hostettler

by 11 Comments

The Courier Press has an article on a attack ad against Brad Ellsworth the National GOP put out for the benefit of John Hostettler.

The ad tries to lay responsibility at the feet of Sheriff Ellsworth for the triple murder/suicide committed by Travis John Moore on April 22, 2005 while he was on work release. I’m not sure what the GOP thinks Ellsworth should have done. Typically the sentence and terms of incarceration are not matters in which a Sheriff’s Department are particularly involved. The prosecutor’s office, in conjunction with the court and the Defendant, makes the decisions on plea agreements and the like. The GOP suggests that Ellsworth “endorsed” the deal, even after the murders, when in reality, they are apparently referring to a report wherein Ellsworth’s office determined that the judge was within his authority to order the work release, which is almost certainly accurate.

The first few paragraphs of the article:

National Republicans accused Vanderburgh County Sheriff Brad Ellsworth on Thursday of endorsing a judge’s decision not to incarcerate a work release participant who would go on to commit a triple-murder/suicide.

Ellsworth responded with a written statement saying Indiana 8th District Rep. John Hostettler’s “callous decision to politicize this tragedy shows he knows nothing about protecting this community and even less about what it means to be a leader.”

Indiana Lawmakers’ finances

by 15 Comments

The Indy Star has a run down of Indiana lawmakers’ finances (h/t Tippecanoe Politics) .

Items of note:

  • Senator Lugar gets about $30,000 in social security benefits on top of his Senate salary of $162,000 per year and various other sources of income and has a million dollar home in Virginia.
  • Senator Bayh’s wife’s income is not disclosed, though she apparently works on nine corporate boards. Senator Bayh owns a $1.8 million “beach house” in Delaware.
  • Rep. Visclosky – nothing really jumps out.
  • Chris Chocola – Outside income includes “between $714,218 and $4 million in dividends, capital gains, interest, and rent.” (First, that’s quite a range; second, how do I get a piece of that action?). His major assets are estimated as being between $12.2 million and $35.7 million, including property in Michigan worth a couple million.
  • Mark Souder – His major assets include a partnership in his family business, “Historic Souders of Grabill” which is apparently worth a couple hundred thousand.
  • Steve Buyer – Nothing really stands out other than that his Monticello Law Office is estimated to be worth $100,000 to $250,000 and has a mortgage of “between $15,000 and $50,000”. I wonder if 1) that law office is the same thing as his Congressional Office across from the courthouse; 2) whether the fact of that being his Congressional Office helps him pay his mortage; and 3) whether these things explain why he hasn’t moved the office to Lafayette or somewhere more central to his Congressional District despite some bellyaching from constituents about the remoteness of his Monticello office.
  • Dan Burton – $1.8 to $3.7 million in assets, including properties in Indiana, California, and Kentucky.
  • Mike Pence – Won $250 in a golf tournament.
  • Julia Carson – did not report the amount of her outside income. Has between $17,000 and $80,000 in major assets.
  • John Hostettler – Stock in Boeing, Exxon, GE, IBM and Bristol Myers worth between $6,000 and $106,000. Credit card debt between $45,000 and $150,000.
  • Mike Sodrel – Income from between $1.1 million to $5.25 million from his transportation company. His wife remains a “secretary” for the company. His major assets range between $6.4 million to $27 million, mostly in his trucking company. He has a bank note between $500,000 and $1 million.

    So, I’d put their net worth in the following order:

    1. Chocola – wealthy
    2. Sodrel – wealthy
    3. Bayh – rich
    4. Lugar – rich
    5. Burton – rich
    6. Visclosky – well off
    7. Buyer – well off
    8. Souder – well off
    9. Pence – modest
    10. Carson – modest
    11. Hostettler – in trouble

    • State to hold open forums on Indiana Trails Plan

    by 3 Comments

    According to the Palladium-Item, the State will hold five open forums for public comment on the Indiana Trails Plan in the wake of Daniels announcement that he is doubling funding for the state’s recreational trails from $10 million to $20 million in the next fiscal year.

    Meetings are 6-8 p.m. local time.

    • Thursday: Madison, Clifty Inn, Clifty Falls State Park.
    • Tuesday: North Judson, Kankakee Fish and Wildlife Area conference room.
    • June 22: Indianapolis, Fort Benjamin Harrison State Park, The Garrison.
    • June 27: Fort Wayne, Franke Park Pavilion.
    • June 29: Winslow, Sugar Ridge Fish and Wildlife Area cofnerence room.

    The Indiana Trails Plan is available here.

    Daniels foils NIRPC 25 year road plans

    by 1 Comment

    I don’t know much about the area so I don’t know how big a deal this is, but the headline caught my eye. Charles M. Bartholomew, writing for the Gary Post Tribune has an article (caution: Post-Trib links go stale quickly) entitled “Daniels foils NIRPC 25-year road plans” that begins as follows:

    After 18 months of working and re-working, the Transportation Policy Committee of the Northwestern Indiana Regional Planning Commission finally declared its 25-year plan for roads and transit in line with state and federal pollution rules Tuesday.

    But as soon as it adopted the resolution by unanimous voice vote, it received some changes to the plan under Gov. Mitch Daniels’ Major Moves that left committee members scratching their heads.

    What puzzled planners and stakeholders alike were some discussed projects that director of transportation planning Ken Dallmeyer removed from the 2030 Plan because they had not been included in the governor’s scheme.

    The projects included reconfiguration and addition of lanes on the Borman Expressway/Toll Road interchange; widening Broadway between 93rd and 109th avenues in Merrillville and Crown Point near the Purdue Technology Center; and adding lanes to Cline Avenue from the Borman interchange to US 12 and to the Toll Road from SR 49 to SR 51.

    Just one more thing to increase Gov. Daniels’ popularity in northern Indiana I suppose.