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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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