David, J.
The case before us involves the delicate balance that must be maintained between the three branches of government. This Court has been called upon to determine whether it should exercise its jurisdiction to resolve a dispute, or decline to do so in order to faithfully uphold Indiana’s express constitutional separation of powers. Because the issue before the Court would require invasion into a core function of the legislative branch, this Court declines to exercise its jurisdiction. Whether the work product exception within the Indiana Access to Public Records Act applies to the Indiana General Assembly presents a non-justiciable question. Accordingly, we affirm the trial court’s order of dismissal.
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We now hold that the Indiana Supreme Court does have subject matter jurisdiction to hear the case, which is distinguishable from a determination of whether a case is justiciable. As to the general applicability of APRA to the legislature, we hold that this issue is justiciable and conclude that APRA does apply to the Indiana General Assembly, necessarily including the members and groups that make up the General Assembly. However, under our controlling precedent in State ex rel. Masariu v. Marion Superior Court No. 1, 621 N.E.2d 1097 (Ind. 1993) and Berry v. Crawford, 990 N.E.2d 410 (Ind. 2013), we hold that the specific question of whether the APRA requests at issue in this case are exempt from disclosure as legislative “work product” is non-justiciable.
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As provided above, justiciability is not a question of jurisdiction, but whether it is prudent for the Court to exercise its jurisdiction. Because we agree that the core question is non-justiciable, under Indiana Trial Rule 12(B)(6), we affirm the trial court’s dismissal of this claim. See McPeek v. McCardle, 888 N.E.2d 171, 174 (Ind. 2008) (explaining that this Court “may affirm the grant of a motion to dismiss if it is sustainable on any theory”).
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Conclusion
The general question of whether APRA applies to the Indiana General Assembly and its members is justiciable, and we hold that APRA does apply. However, we find non-justiciable the question of whether the documents requested in this case are exempt from disclosure under APRA’s work product exception, Indiana Code section 5-14-3-4(b)(14). Accordingly, under Indiana Trial Rule 12(B)(6), we affirm the trial court’s dismissal.
Rush, C.J., Dickson and Massa, J.J., concur.
Rucker, J., concurs in part, dissents in part with separate opinion.
Rucker, J., concurring in part and dissenting in part.
I agree with the majority that the Access to Public Records Act (APRA) is fully applicable to the legislature. As the majority correctly points out: “Because the General Assembly contemplated APRA’s application to itself and its members, we see no prudential reason why this question should be avoided on grounds of justiciability.” Slip op. at 7; accord Maclver Inst. for Pub. Policy, Inc., v. Erpenbach, 848 N.W.2d 862, 875 (Wis. Ct. App. 2014) (Reilly, J., concurring in opinion compelling state senator to disclose certain policy-related emails) (“If legislators do not like the law they created they can repeal it—but until then they must abide by it.”). Thus I agree the trial court erred in granting Defendants’ Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. But the majority takes a wrong turn in granting relief based on Rule 12(B)(6). In essence my colleagues have offered an advisory opinion and made a pre-emptive strike on a matter that deserves further record development. On this issue I respectfully dissent.
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