"This court does not have the jurisdiction to remove Mr. Soliday, or any other member of the General Assembly," Alexa told lawyers at a morning hearing.
Alexa said the Indiana House of Representatives has the sole right to judge Soliday's or any other member's qualifications.
The matter was a separation of powers issue, citing Indiana code that keeps General Assembly members free from interference by the executive or judicial branches of government.
The Democrats could now appeal to the Indiana House of Representatives to remove Soliday. It is unlikely, however, that House Speaker Pat Bauer would open that can of worms at this late date.