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Appellate court rules in judge's favor

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Trial courts don’t have the authority to issue orders against other courts and judges mandating that they stop certain practices, the Indiana Court of Appeals has ruled.

In Toshiano Ishii, Matthew Stone, Greg Hardin, Lisa Hardin, et al. v. The Hon. William E. Young, Judge, No. 49A02-1103-PL-316, the appellate court affirmed a motion to dismiss that Special Judge Matthew Hanson from Morgan County granted in favor of Marion Superior Judge William Young.

Hanson had been appointed to hear the case involving six individuals who alleged they were on the receiving end of Young’s improper traffic court practices, which included threatening additional fines on them if they exercised their right to a trial in his court. Those litigants sued Young, but only sought relief for future cases and not their specific situations. They requested that Hanson prohibit Young from improperly fining people. They also asked the judge to find that Young cannot bar the general public from attending court sessions and defendants with health problems should be allowed to return to court if they left and be able to carry snacks, water and medication if needed. Hanson found he didn’t have jurisdiction to issue a mandate or injunction against Young because that authority belonged solely to the Indiana Supreme Court.

The appellate court rejected the arguments that the Indiana Constitution and state appellate and original action rules allow for trial judges to issue a writ of mandamus or prohibition against another trial court judge relating to matters that aren’t connected to the trial court’s jurisdiction. The appellate panel cited both Indiana Constitution Article 7, Section 4 and Indiana Appellate Rule 4(B)(3) that gives the justices exclusive jurisdiction.

Since the three-judge panel affirmed Hanson’s order on grounds relating to jurisdiction, the appellate judges didn’t address the parties’ arguments relating to standing and mootness. The traffic court litigants who sued Young in this case were not involved in the disciplinary action that was filed against Young last year, but it involved the same conduct. The Supreme Court in February suspended Young for 30 days without pay, and the trial judge has since returned to the bench.
 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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