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Suit filed against Marion County traffic court

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A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.

Plaintiffs Toshinao Ishii, Matthew Stone, and Adam Lenkowsky filed their suit in Marion Superior Court No. 11 against Marion Superior Judge William E. Young in Court No. 13 and the city of Indianapolis. The suit seeks declaratory and injunctive relief through an order of mandamus prohibiting Judge Young to impose additional fines against defendants who fail to win their cases before the traffic and parking violations courts.

The suit, a class action complaint, also asks for a return of the fines received by the court, and to keep the traffic court from closing its courtroom to the public. The plaintiffs claim the imposition of additional fines has a chilling effect on the fair and equitable administration of justice.

According to the suit, when Judge Young took the bench in traffic court this year, he instituted a policy that defendants that come before his court and are found guilty would be fined up to an additional $500 and could even be assessed up to $10,000 plus court costs. The traffic courtroom is also open only to defendants. No one else, including parents of minors who have received tickets, can be present during procedings.

Ishii appeared in traffic court to contest a ticket; he lost and was fined an addition $400. Stone was cited for improperly wearing a seatbelt. He wears it differently because of a pacemaker and chose not to challenge the ticket because of Judge Young's policy. Lenkowsky asked to enter the courtroom as a member of the public and was denied entrance.

The suit also includes the newly opened parking citation court in Indianapolis, in which defendants who don't pay their ticket prior to a scheduled hearing may be assessed up to $2,500 in fines, according to the city of Indianapolis.

The threat of these fines violates the Eighth and 14th amendments of the U.S. Constitution and Article I, sections 12, 16 and 23 of the Indiana Constitution, according to the suit.

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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