INDIANAPOLIS (Network Indiana) — The governor can sue the General Assembly without the state attorney general’s approval and without his representation. A judge who heard an argument between Gov. Eric Holcomb and Atty. Gen. Todd Rokita, handed down that 18-page ruling Saturday, reported IndyPolitics.org.
Rokita took Holcomb to court, with the claim that the governor could not sue the state legislature without Rokita’s permission. Holcomb hired outside counsel in a suit that says the General Assembly cannot call themselves into session.
The legislature passed a law this year known as the “emergency powers bill”, that would allow them to call themselves into session if they believe the governor needs to be checked in an emergency situation, like the pandemic.
The gist of the ruling by Judge P.J. Dietrick is that Holcomb’s suit will not be thrown out. The governor can use outside counsel, and the governor can sue the legislature on an issue of a disput of power between the two branches of government.
