A new judge — the fifth so far — has a new plan for the immigration-related case of Indiana Attorney General Todd Rokita versus Berry Global Group and the Haitian Center of Evansville.
Vanderburgh Superior Court Judge Robert J. Pigman, who inherited the case on Aug. 11 after Judge Les Shively recused himself at the AG’s request, stated during an in-chambers phone conference with attorneys Wednesday that he would try to get caught up on it before deciding how to go forward. Pigman’s office reported the latest step to the Courier & Press after Wednesday’s phone conference, which was not public.
Pigman had told the Courier & Press on Tuesday that he would elicit the opinions of attorneys in the case before making his decision Wednesday.
The choices now are setting a hearing for new arguments from attorneys for all three parties or issuing a ruling based on what Shively already had heard, Pigman’s office said. Pigman will review all the pleadings in the case and listen to a pivotal hearing that was held on July 9, then make his decision.
What’s the case about?
Through the enforcement of civil investigative demands, the AG’s Office seeks to compel Berry Global and the Haitian Center to answer a series of questions and provide documents outlining what they may know about migrant-related human labor trafficking.
Both entities have fought the AG’s investigative demands, calling them unnecessarily burdensome and unsupported by any demonstrated reasonable cause or specificity about improper conduct. Rokita told the Courier & Press last month that Berry Global and the Haitian Center should be helping him, not fighting, given that migrants frequently are targeted by labor traffickers.
The attorney general argues that migrants searching for employment are uniquely vulnerable to exploitation by labor traffickers or other criminal elements who would coerce them into forced labor arrangements. They face barriers to socialization and language, housing and transportation challenges.
Rokita told the Courier & Press in July that it’s reasonable to think Berry Global and the Haitian Center might have information that could help the AG’s Office identify and root out risks of labor trafficking and also identify migrants who are at risk of being exploited.
A decision is coming soon
On June 30, Shively had been presiding over the then-separate case involving Berry Global for about a month when he granted the Haitian Center’s motion to intervene and consolidated the two cases into one.
In a contentious 90-minute hearing held nine days later — the one Pigman wants to hear — the AG’s Office petitioned Shively to issue orders enforcing its investigative demands. Berry Global and the Haitian Center pleaded with Shively to deny the petition.
Shively also agreed, with all parties’ consent, to unseal the court docket, which had been sealed by a court rule requiring it for investigative process matters not related to a pending criminal proceeding. Shively also gave lawyers for all the parties until close of business July 23 to submit proposed orders for his consideration.
He was that close to deciding the case.
But Shively recused himself on July 31 after telling the parties about criticism he had directed at Rokita back in November while co-hosting an episode of WNIN PBS’s “Shively & Shoulders” TV show.
Shively’s co-host on the free-wheeling, wisecracking TV talk fest? Attorney Pat Shoulders, lead counsel for the Haitian Center.
And just like that, Shively was gone.
The case fell to Pigman when Superior Court Judge Mary Margaret Lloyd recused herself from hearing it, citing an unnamed conflict of interest. Pigman is at least the fifth Vanderburgh County Superior Court judge to draw the case, and he apparently hopes to be the last.
Pigman’s office said he will likely decide by the end of next week whether to hold a new hearing or issue a ruling on what has already been said and filed in the case.