ILNews

Appeals court expansion bill stays alive

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Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session.

The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. The legislation would create a sixth district for the appellate court, boosting the number of judges from 15 to 18 starting in January 2010. Sen. Richard Bray, R-Martinsville, sponsored the bill drafted by the interim legislative Commission on Courts, which supports the measure. The price tag comes at more than $1.3 in its first year and $2.2 million following that, according to a fiscal impact statement.

The notion of expanding the state's second highest appellate court has been discussed for years and been before lawmakers many times in the recent years. Chief Judge John Baker told committee members that an emergency need for the additional panel doesn't exist at the moment, but an ever-increasing caseload means that judges are able to spend less time on each case and eventually the need will become a reality.

"You need to decide whether you want us to spend more time on each case or not," he told committee members.

Chief Judge Baker told lawmakers the court handled nearly 3,000 cases last year, achieved a clearance rate of 100 percent, and currently maintains an average turnaround time for decisions came within about 1½ months. He's proud that the Indiana Court of Appeals can boast being the most efficient court of its kind in the country.

More resources would allow the court to continue its outreach efforts and give judges more time for each case, the chief judge said.

But the bill's sponsor - who chairs the Judiciary Committee as well as the Commission on Courts - pointed out that the General Assembly may not support the measure because of the tough economic times and the difficult budget-balancing job it's facing.

"This has been around awhile and we want to keep it alive, but I'm not optimistic," Bray said, echoing some concerns from other members who raised questions about the timing given the economic state of affairs.

But "in the spirit of longevity," committee members voted unanimously to forward the bill on to the Senate Appropriations Committee for consideration.

Committee members also forwarded on several other pieces of legislation, including Senate Bill 121 to increase the automated record keeping fee from $7 to $10 to pay for statewide implementation of a case management system; Senate Bill 77 that gives Allen Circuit Court a second magistrate in exchange for a hearing officer spot; Senate Bill 43 revising probate code study commission terms; and Senate Bill 122 that addresses several court issues such as private judges and court alcohol and drug service programs.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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