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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.