Latest news with #IndianaConstitution
Yahoo
4 days ago
- Politics
- Yahoo
Legislative immunity is an old concept gaining new notoriety
The National Conference of State Legislatures said most state constitutions contain similar immunity from arrest provisions. (Photo from Indiana State Archives) Many Hoosiers recently learned that Indiana has an immunity statute that protects lawmakers from some arrests during the legislative session. The reaction has been surprise and frustration. One social media user posted, 'How have we gotten to the point in this state where our elected leaders are above the law? This is pure insanity & would NEVER be acceptable for the average citizen.' Another reader responded, 'Are they immune from common sense too?' So, I thought I would delve into the provision and explain why it exists and how often it's used. State Sen. Mike Bohacek was pulled over for suspected drunk driving in January and recorded a blood-alcohol content of 0.238%. But the Michiana Shores Republican wasn't charged until this week due to the legislative immunity provision. The first important fact is that no modern-day lawmaker created this exemption, and it basically mirrors a similar provision for federal lawmakers. The National Conference of State Legislatures said most state constitutions contain similar provisions. The state's prohibition is found in Article 4, Section 8 of the Indiana Constitution. 'Senators and Representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any civil process, during the session of the General Assembly, nor during the fifteen days next before the commencement thereof.' Indiana's current Constitution was adopted in 1851 with numerous amendments since then. But this portion goes back as far as the state's 1816 constitution before Indiana became a state. Then it was under Article 3. SUPPORT: YOU MAKE OUR WORK POSSIBLE For a long time, there was no definition of breach of the peace in Indiana code but lawmakers in 2021 added one: 'breaking or disturbing the public peace, order, or decorum by any riotous, forcible, or unlawful proceedings, including fighting or tumultuous conduct.' The federal immunity provision is almost exact. Some historical texts indicate the language was created so that lawmakers weren't blocked from being able to vote on a matter or otherwise participate in proceedings. In his Commentaries on the Constitution of the United States, U.S. Supreme Court Justice Joseph Story said this: 'When a representative is withdrawn from his seat by a summons, the people whom he represents, lose their voice in debate and vote, as they do in his voluntary absence. When a senator is withdrawn by summons, his state loses half its voice in debate and vote, as it does in his voluntary absence. The enormous disparity of the evil admits of no comparison. The privilege, indeed, is deemed not merely the privilege of the member, or his constituents, but the privilege of the house also.' The Supreme Court of the United States has interpreted the provision to apply to all crimes, but Indiana has generally seen it used in cases of misdemeanors. Bohacek's case is almost identical to one from 1992 when then-Rep. Keith Bulen was pulled over for drunk driving in January. Police also didn't arrest him due to the immunity clause and he was charged weeks later after session ended. Similar to Bohacek, Bulen refused the breathalyzer test and said a prescribed medicine made him groggy. But Bulen's incident resulted in him hitting an off-duty police officer's car. Bulen's case, though, was not hidden from public view at the time. He was eventually acquitted. In 2002, two northwest Indiana lawmakers — Reps. Charlie Brown and Vernon Smith — used the provision to contest their criminal case. The Gary Post Tribune reported the pair was arrested June 18 on traffic and related offenses. They protested the action and claimed they were shown a lack of respect as elected officials and residents. The legislature was in special session in Indianapolis, although the men were in Gary. They were arrested immediately but the chief of police quickly apologized. The men were charged with obstructing traffic later that year by a special prosecutor. Smith was acquitted but Brown was found guilty. If Hoosiers want to change the constitutional provision they will have to convince lawmakers to start that years-long process because Indiana doesn't allow citizen-initiated constitutional amendments or referendums. It remains to be seen what will happen to Bohacek, including any punishment by leaders of the Senate. Voters have the ultimate say on consequences at the ballot box, but they will have to wait a long time. Bohacek isn't up for election again until 2028. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
7 days ago
- Health
- Yahoo
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased. akukulka@
Chicago Tribune
7 days ago
- Health
- Chicago Tribune
Indiana State Senator's OWI charges delayed due to legislative immunity
State Sen. Mike Bohacek faces charges after allegedly stumbling out of his car after drinking alcohol inside his car at a Michigan City Panda Express in January, but the charges were only recently filed because of legislative immunity. The Indiana Constitution states that legislators are 'privileged from arrest' during the legislative session except for treason, felony or breach of the peace. The 2025 legislative session started Jan. 8 and ended April 24, and Bohacek was arrested Jan. 24. Bohacek, R-Michiana Shores, faces misdemeanor charges of operating while intoxicated and two additional misdemeanor OWI charges for a blood alcohol content above 0.15 and endangerment, according to the probable cause affidavit. Porter County Prosecutor Gary Germann was appointed as the special prosecutor in the case. In an email Monday, Germann said the charges have not yet been approved by a judge, but that will likely occur in the next couple of days. He declined to comment further citing the pending litigation. A witness told police officers that Bohacek drank from 'an open container' and stumbled out of his vehicle at Panda Express in Michigan City around 3:30 p.m. Jan. 24, according to the affidavit. When officers arrived, they observed Bohacek with food on his clothes, poor balance and quiet, slow speech. Officers also reported that Bohacek had red, watery and bloodshot eyes and that he staggered from his black Dodge Charger, according to the affidavit. A blood test performed at about 4:30 p.m. Jan. 24 found that Bohacek's blood alcohol content was 0.283, according to the affidavit. Bohacek told police officers he took his prescription Tramadol before driving, according to the affidavit. Tramadol is a synthetic opioid used to treat moderate to moderately severe pain, including pain after surgery, according to the Mayo Clinic. When reached by the Post-Tribune Tuesday, Bohacek expressed surprise that he could be charged months after the fact, but declined to comment further. State Rep. Jim Lucas, R-Seymour, pleaded guilty to two misdemeanor counts of operating a motor vehicle while intoxicated and leaving the scene of an accident in June 2023. Former State Rep. Daniel Forestal, D-Indianapolis, faced charges before his resignation in 2020 for drunken driving. He had also faced charges for battery of a public safety official, resisting law enforcement and disorderly conduct and accusations of using his political campaign's bank account for personal use, like online gambling, in separate events beginning in 2019. Forestal, who was open about his mental health struggles, died in 2021. Responding to a wellness check at an Indianapolis hotel, police found Forestal, 38, deceased.
Yahoo
14-05-2025
- Yahoo
Chief Justice Rush lauds Veterans Court graduates for repairing their lives
Before entering Lake County Veterans Treatment Court, Derek Akins lost his wife, children and house. After 18 months in the program, Akins found housing, a job, got remarried and is working to reconnect with his children. 'If you would've seen him 18 months ago, he's not the same guy standing here. I am so proud of the hard work he did on himself,' said Lake County Superior Court Judge Julie Cantrell, who leads the county's veterans treatment court. Indiana Supreme Court Chief Justice Loretta Rush addressed the 26 graduates — the program's largest ever graduating class — as well as their mentors and families during a Wednesday ceremony, which marked the completion of 18 to 24 months of drug treatment program and expungement of the charges against them. Veterans treatment courts 'represent the highest ideals in our democracy,' Rush said. The Indiana Constitution dictates that the criminal justice system 'should be built on principles of reformation not vindictive justice,' Rush said. Further, there's the religious teaching to love your neighbor, she said. 'You put those two things together and you see the justice system using the power of the law to sort of heal a wounded world,' Rush said. 'That's what I see here. Justice tempered with mercy, respecting the individuals who are going through.' Since its 2014 start, the Lake County Veterans Treatment Court has had more than 300 veterans complete the program, Rush said. That means hundreds more people benefited from the program, Rush said, because with each graduate families, friends and coworkers have also benefited from a more positive relationship with the graduate. The justice system is the primary referral source to get people who need substance abuse treatment, Rush said. In Indiana, judges have been trained to help people with substance abuse disorders and mental health needs, she said. 'You can not incarcerate your way out of this,' Rush said. 'Substance abuse is a chronic, treatable disease. It's not a moral failure. People that find themselves wrapped up in this, it's not fun.' Rush thanked Cantrell for leading the county's veterans treatment court. But, the hardest work is done by the veterans in the program, because they have to overcome difficult challenges, she said. In the end, Rush said it's an honor to watch the veterans in the program repair relationships with their families and friends, find jobs and advance their lives in a positive way. 'I am so proud of you in getting this done. You have walked through the fires of hell for the country. You've walked through a challenging program,' Rush said. Lake County Prosecutor Bernard Carter said his office has made referrals to the veterans treatment court because the office officials 'believe in redemption.' Graduate Kenneth Jackson, of Lansing, Illinois, said he served U.S. Army from 1990-1994. Jackson said he was proud to complete the program because it gave him 'a clean slate.' The program helps with accountability, Jackson said, because of the daily check-ins, drug tests and working with a mentor. Jackson said the program isn't easy, but after completing it he feels healthier. 'It was a long road,' Jackson said. 'It was tough, but I'm happy to be here.' akukulka@
Chicago Tribune
14-05-2025
- Chicago Tribune
Chief Justice Rush lauds Veterans Court graduates for repairing their lives
Before entering Lake County Veterans Treatment Court, Derek Akins lost his wife, children and house. After 18 months in the program, Akins found housing, a job, got remarried and is working to reconnect with his children. 'If you would've seen him 18 months ago, he's not the same guy standing here. I am so proud of the hard work he did on himself,' said Lake County Superior Court Judge Julie Cantrell, who leads the county's veterans treatment court. Indiana Supreme Court Chief Justice Loretta Rush addressed the 26 graduates — the program's largest ever graduating class — as well as their mentors and families during a Wednesday ceremony, which marked the completion of 18 to 24 months of drug treatment program and expungement of the charges against them. Veterans treatment courts 'represent the highest ideals in our democracy,' Rush said. The Indiana Constitution dictates that the criminal justice system 'should be built on principles of reformation not vindictive justice,' Rush said. Further, there's the religious teaching to love your neighbor, she said. 'You put those two things together and you see the justice system using the power of the law to sort of heal a wounded world,' Rush said. 'That's what I see here. Justice tempered with mercy, respecting the individuals who are going through.' Since its 2014 start, the Lake County Veterans Treatment Court has had more than 300 veterans complete the program, Rush said. That means hundreds more people benefited from the program, Rush said, because with each graduate families, friends and coworkers have also benefited from a more positive relationship with the graduate. The justice system is the primary referral source to get people who need substance abuse treatment, Rush said. In Indiana, judges have been trained to help people with substance abuse disorders and mental health needs, she said. 'You can not incarcerate your way out of this,' Rush said. 'Substance abuse is a chronic, treatable disease. It's not a moral failure. People that find themselves wrapped up in this, it's not fun.' Rush thanked Cantrell for leading the county's veterans treatment court. But, the hardest work is done by the veterans in the program, because they have to overcome difficult challenges, she said. In the end, Rush said it's an honor to watch the veterans in the program repair relationships with their families and friends, find jobs and advance their lives in a positive way. 'I am so proud of you in getting this done. You have walked through the fires of hell for the country. You've walked through a challenging program,' Rush said. Lake County Prosecutor Bernard Carter said his office has made referrals to the veterans treatment court because the office officials 'believe in redemption.' Graduate Kenneth Jackson, of Lansing, Illinois, said he served U.S. Army from 1990-1994. Jackson said he was proud to complete the program because it gave him 'a clean slate.' The program helps with accountability, Jackson said, because of the daily check-ins, drug tests and working with a mentor. Jackson said the program isn't easy, but after completing it he feels healthier. 'It was a long road,' Jackson said. 'It was tough, but I'm happy to be here.'
