The Indiana Publisher

registration is $40 per person. This year's event will again take place at The Indianapolis Star's Pulliam Production Center, 8278 N. Georgetown Road. A tour of the press facility will be offered as part of the Road Show. Editors on the board of directors for Indiana Associated Press Media Editors planned the sessions with today's journalists in mind. The lineup will include training on: • Marketing your story on social media. Learn what works and how to apply it at your paper – regardless of circulation size. • Mobile video – The big 5. This ses- sion looks at the checklist for video success – shooting tips from the pros, awesome audio, basic tools to pack, quick steps to get what you need from a scene, and the workflow to create winning content for the website. • Making time for … everything. A panel of journalists who focus on social media and video as major parts of their reporting duties will talk about how they do it all. Journalists can register in just five minutes at www.HSPAfoundation.org/ road-show. Other information and the brochure that newsrooms received by mail also are available there. The annual workshop provides excellent training at a low cost for HSPA members. Road Show speakers have a variety of experiences to share with attendees. John Strauss is a former AP writer and Indianapolis Star digital editor who teaches advanced reporting and multimedia content production at Ball State University. Joe Tamborello is an engagement producer for The Indianapolis Star. He has worked for newspapers as a news editor and photographer. Mike Miller covers IU men's sports for The Herald-Times (Bloomington). As part of his duties, Miller maintains a blog with multiple daily updates, carries a following of more than 5,000 on Twitter and produces post-game commentary videos. Ray Cooney, editor of The Commercial Review (Portland), keeps a very active Twitter presence, posting news photos and other information in his community. Ken de la Bastide has worked for Indiana newspapers for almost 40 years. He has embraced video as part of his duties as senior reporter at The Herald Bulletin (Anderson). Page 8 May 12, 2016 Road Show Continued from Page 1 "B ad facts make bad law" goes the com- mon legal maxim. The repercussions of that tenet involve all three branch- es of state government lately. Let's start with an example from the legislative and judi- cial branches: Rep. Eric Koch (R-Bedford) and the Indiana House Republican Caucus faced a lawsuit from the Citizens Action Coalition of Indiana. The coalition sought copies of correspondence between Koch and several businesses. The Citizens Action Coalition and Energy and Policy Institute are concerned about whether the companies undu- ly influenced a bill concerning solar energy. HSPA Foundation decided to not to join Citizens Action Coalition of Indiana v. Koch – not because HSPA doesn't agree with the cause, but because of a prior court prec- edent. In 1993 the Indiana Supreme Court – in State ex. rel. Masariu v. Marion Superior Court No. 1 – invoked the separation of powers clause of the Indiana Constitution in refusing to enforce the state's Access to Public Records Act against the state legislature. The Indianapolis Star, which filed the lawsuit, had a good case. The newspa- per sought copies of House of Representatives votes on defeated Republican-proposed amendments to a budget crafted by Democrats, who were the majority party at the time. Indiana's Constitution requires the recording of votes. Betty Masariu was the Clerk of House, respon- sible for keeping the House's records. While ruling that the leg- islature was subject to the Access to Public Records Act, the court declined to require the General Assembly to com- ply with it. The 3-2 ruling written by then-Justice Richard Givan said, "Although it is the duty of the courts to determine the constitutionality of statu- tory law, this court has held repeatedly that courts should not intermeddle with the internal functions of either the executive or legislative branches of government. " … If the legislature wishes to authorize sanctions against itself upon a claim by press or public alleging improper legis- lative secrecy, such sanctions would have to be determined and imposed solely by the leg- islative branch itself, without recourse to the courts." Under the separation of powers argument, the state high court was unwilling to rule that the legislature should make records available on constitutionally required votes. That left citizens with only public pressure as a means to convince legislative lead- ership that records of the House and Senate should be disclosed for public inspection and copying. With that background, the HSPA Foundation supported Citizens Action Coalition in spirit only in its lawsuit. I told coalition representa- tives that if the judiciary was unwilling to rule that the legislature should release roll call votes required by the Constitution, I didn't see how a judge would make a differ- ent decision about legislators' emails or letters to private companies, as requested in Citizens Action Coalition of Indiana v. Koch. Unfortunately, the April 19 ruling from the Indiana Supreme Court was what I expected. Justice Steven H. David's decision cited the Masariu case as precedent. "We determine that a similar type of inquiry and interference with the internal operations of the legislative branch is being requested in the present case," he wrote. The ruling did find the Access to Public Records Act does apply to the state legis- lature but said defining "work product" for the legislature would interfere with its inter- nal operations. What I didn't foresee was how the Citizens Action Coalition lawsuit would embolden the executive branch to attempt the same argument to exclude itself from judicial review when the governor's office denies record requests. That's what occurred less than a month after the Supreme Court's ruling. Gov. Mike Pence's legal counsel, fighting a records- request suit for communi- cation regarding Pence's immigration lawsuit, filed a submission arguing that a trial court should rule the case "non-justicable" under the same separation of powers argument the Supreme Court declared in Koch. "Just as the judiciary should not 'intermeddle' with the legislature's determi- nation of what constitutes its own work product, the judiciary should also not 'intermeddle' with the execu- tive's determination of what constitutes its own work product, deliberative mate- rial, or privileged material," argued Pence's attorney, Joseph Chapelle of Barnes & Thornburg. Pence has a reputation of supporting the public's right to know. He sponsored a federal reporter's shield law while a member of Congress. In the last two Indiana General Assembly sessions, he vetoed legislation that would have created a search fee on voluminous records requests under the Access to Public Records Act and another bill that would have decreased the public's right to information on crime reported to private university police departments compared to all other law enforcement agen- cies. If a governor with that background has decided to try and disengage his office from judicial review of Access to Public Records Act compli- ance, you can imagine how many other public officials will attempt the same separa- tion of powers argument. That's why I believe if the judiciary accepts the gover- nor's argument, it will evis- cerate the Access to Public Records Act, hamstringing the public's ability to hold govern- ment officials accountable for their actions. Steve Key is executive director and general counsel for the Hoosier State Press Association. Key Points Steve Key Ruling could gut access law Ken de la Bastide Ray Cooney Mike Miller Joe Tamborello John Strauss Road Show for Reporters speakers June 29 Indianapolis

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