UPDATE:
The Indiana Supreme Court denied transfer of the case on July 25, 2019. The Indiana Court of Appeals opinion (in our favor) was certified on July 29, 2019. Read the Court of Appeals opinion here.
On January 22, 2019, POPAI authorized the filing of an Amicus Curiae brief drafted by counsel hired by the Association in the Indiana Court of Appeals case number 18A-PL-02528.
In the history of the Association, we have found no record of POPAI advocating for the membership in this way. Thus, a great deal of thought and debate occurred before moving in this direction.
An Amicus Curiae is a “friend of the court” who is not a party to an action, but has a strong interest in the matter. The person or association petitions the court for permission to submit a brief with the intent of influencing the court’s decision. On February 1, 2019, the Court of Appeals granted our Motion to Appear as Amicus Curiae, thus allowing our Association to be heard on the issue.
Though this case involves a probation officer who was a POPAI member in good standing when they voluntarily left employment, it is important to note that we did not intervene on behalf of this individual member.
We are intervening on behalf of all probation officer members in our Association because we believe the question before the court will have significant impact on the employee-employer relationship we have with the courts. As our brief states, we have “an interest in preserving, protecting, and promoting the close relationship between probation officers and the judicial officers they serve.”
To learn details about the issue and our position in the matter, please read the brief filed by the Association. You can monitor the status of the case via myCase.
Please do not hesitate to reach out to any Executive Board member with questions or comments regarding this matter.
POPAI Executive Board