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ALJ, problem-solving courts bills moving

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A House bill dealing with problem-solving courts and a Senate bill that involves administrative proceedings and administrative law judge disqualifications have made it out of their respective judiciary committees.

House Bill 1153 was amended by the House Judiciary Committee and passed out of committee Jan. 20. The introduced bill included a chapter on possession of handguns by judicial officers, which was removed in committee. HB 1153 spells out when a problem-solving court may terminate an individual’s participation in the court program. The bill also makes the parent or guardian of a child accepted into a problem-solving court program financially responsible for court service fees and chemical testing expenses.

Senate Bill 67 made it out of the Senate Judiciary Committee Jan. 20 with several amendments. The legislation deals with administrative proceedings, dictates that the proceedings before an administrative law judge are de novo, and adds to the section dealing with ALJ disqualifications.

Also moving as of Monday morning:
-    SB 43, which would allow the parole board to require certain child molesters and other sex and violent offenders to wear a GPS tracking device. The bill moved out of the Committee on Corrections, Criminal & Civil Matters Jan. 12 and passed second reading in the Senate Jan. 18.
-    SB 74, which deals with guardianships, and HB 1055, which deals with adult guardianships and protective proceedings, both made it out of their respective judiciary committees last week.
-    SB 169, involving probate, trusts, and transfer on death transfers, gained approval of  the Senate Judiciary Committee Jan. 20 without amendments. The legislation would allow for joint owners of motor vehicles and watercraft to transfer title as a transfer on death transaction. It also deals with matrimonial property and trusts and other probate matters.

Several bills of interest will be heard in committee this week. This morning, the House Judiciary Committee heard three bills, including HB 1182 on the creation of a consumer protection assistance fund. The bill passed and moved on for second reading. On Wednesday, the Senate Judiciary Committee will hear several bills including SB 91 on unifying Henry and Madison Circuit courts; SB 301 proposing an automated record-keeping fee that would fund the implementation of case management system Odyssey in state courts; SB 97 on the funding of lawsuits; and SB 499 on nominating Lake Superior judges instead of the current election process.

A complete list of bills is available on the General Assembly’s website at http://www.in.gov/legislative/.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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