Court Dismisses Ritz Open Door Lawsuit Against State Board Of Education

Marion Co. Circuit Court Judge Lou Rosenberg issued an order today dismissing the lawsuit Supt. of Public Instruction Glenda Ritz filed against state board of education members after they took an official action via electronic communications among themselves requesting that the Legislative Services Agency perform the school grading functions delegated by law to her Department. While Judge Rosenberg's decision says nothing about the merits of Ritz' argument that the board members' actions violated the state's Open Door Law, the fact that Attorney General Greg Zoeller objected to the lawsuit being filed and did not consent to her filing the lawsuit in her capacity as a state official constrained him to grant Zoeller's request that the lawsuit be dismissed.

I'm not sure why Ritz didn't find a private citizen or public interest group to intervene and substitute her as the plaintiff in the action so the merits of the case could be decided. I suppose nothing prevents someone from doing that now that the dismissal is official. I also see the separation of powers argument being a more powerful argument than whether the state's Open Door Law was violated. The Indiana Constitution clearly prohibits one branch of government from performing the duties delegated by law to another branch of government The Indiana Law Blog has posted a copy of Judge Rosenberg's order, which can be viewed by clicking here.