B.The Administrative Department
Implicit in Defendant's Motion is the idea that the Circuit Court Clerk may be an appropriate defendant. The Clerk of the Circuit Court is identified as a county officer, and falls under the Administrative Department in Ind. Const. Art. 6. At one time there was some dispute as to the authorityof the Administrative Department, but that dispute was settled in
Tucker v. State
. Ind. Const. Art.5, § 15, directs the Governor to manage the officers of the Administrative Department. In
Tucker v. State
, the Indiana Supreme Court determined that the provision was included in anticipation that “administrative officers might assert independence and contend that they were elected by the people and could not be compelled to transact business with the Governor or to report to him in writing”.
, at 286.The Court went on to clearly define the structure of the executive and the administrative department: “More strictly and correctly, the word ‘administrative’ is synonymous with ‘ministerial.’”
at 290. The Court was clear in its view of the powers of administrative officers: “The administrative officers were vested with no powers. It is provided that: ‘They shall perform such
as may be enjoined by law. . . . ‘”
. p.291 (emphasis in original). Since that time, the Governor has repeatedly exercised his power over the county clerks and Administrative Department by virtue of executive order,as evidenced by
, orders which unquestionably demonstrates the Governor's power to order the clerks to take specific actions.
II.WHO ENFORCES IC § 31-11-1-1?
As discussed above, it is a basic matter of civics that laws enacted by the legislative branch, such as IC 31-11-1-1, cannot be enforced but through the executive branch. Defendant obfuscates an issue that should be simple: who is a proper representative of the executive branch? And the answer Plaintiffs propose is equally simple: the Governor, i.e., the Executive Head of State. If the Defendant’s 3
Case 4:14-cv-00015-RLY-TAB Document 26 Filed 04/25/14 Page 3 of 15 PageID #: 279