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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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