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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. 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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