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Federal case challenges policies of Marion County Traffic Court

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A new lawsuit against Marion County's Traffic Court has implications for how all state-level judges handle fines for citations and violations, and raises questions about whether a part of the judicial system in Indiana's largest county operates fairly and openly.

In the lawsuit filed in December, one man claims he wanted to protest a $25 citation for not wearing his seat belt properly, since he has a pacemaker and his doctor instructed him to wear the shoulder harness under his arm to avoid damaging the medical device. But talk of a court policy that could mean an additional $500 for litigating his case led the man to not challenge the ticket but pay it instead.

Another man traveled 8 miles over the speed limit and fought it in court, despite being warned he could be fined an extra $400 on top of the ticket cost. He lost and ended up being fined $549.50, more than three times what it would have cost him to simply accept the citation and pay the $149.50 fine.

A third man went to court to observe the proceedings, but was told by a bailiff that he couldn't enter as he was not a defendant or involved in any case. The claims are that before court begins, the bailiff announces the closed courtroom policy and threatens to have anyone not involved in a case, yet remains in the courtroom anyway, arrested for trespassing and immediately taken to jail. Once the judge enters and begins court, the bailiff locks the doors so that no one else can enter during the session that can last up to four hours.

Those examples are alleged to have happened in the traffic court known officially as Marion Superior's Criminal Division 13, and each is referred to in the ongoing federal lawsuit against that court, the presiding Judge William E. Young, and the City of Indianapolis. The three plaintiffs are suing to stop others from losing what they claim they have: their constitutional right for a day in court to argue their case on the merits.

The case is Toshiano Ishii, Matthew Stone, and Adam Lenkowsky v. Marion County Superior Court No. 13, The Hon. William E. Young, and the City of Indianapolis, No. 1:09-CV-1509. Indianapolis attorney Paul Ogden filed the case in early December in Marion Superior Court, but it's been transferred to the U.S. District Court for the Southern District of Indiana, Indianapolis Division. The class action complaint seeks to end the policies put in place by Judge Young, who took over the traffic court in January 2009. The suit also targets the newly opened parking citation court in Indianapolis, in which defendants who don't pay their tickets prior to a scheduled hearing could be assessed up to $2,500 in fines.

Those fining and access policies undermine the public confidence in the integrity and impartiality of the judiciary, and are highly prejudicial to the administration of justice, according to the lawsuit.

"They're basically punishing people for asking for their day in court," Ogden said. "Some will say that the judge has the authority under statute to increase fines, but you always come back to the fact that the fines are being tacked on because people are wanting to fight a ticket in court, not because of what the judge finds out during the case. The principal is that people should be able to ask for a trial, and be allowed to have that trial without the fear of being burdened because of that. They deserve that right."

Chief litigation counsel for Indianapolis Jonathan Mayes said it's too early in the process to address most of the issues in the suit, but he said many of the comments and allegations by the plaintiffs are taken out of context.

For example, on the issue of public access, Mayes said that the state fire marshal limits how many people should be inside the courtroom at one time and that regularly impacts the caseload and access.

"You have such a large amount of cases during the day and you hear them at a rapid pace, outside of what you may see in another state or federal court," he said. "They often set hundreds of cases, and when you have that many defendants and an equal amount of traffic enforcement officers, you know that the limit could easily be exceeded for that purpose of what the fire marshal orders. You have to do something."

It's not fair to accuse the court of simply denying people access, as if there were open seats available in the courtroom, he said.

"There are so many permeations that reach the conclusion that what the judge does is reasonable and constitutional," Mayes said. "To jump to the conclusion that the judge is violating the law is a rush to judgment without looking at the entire picture."

Ogden said that under state law, court costs are limited to $70. He also noted that a specific statute imposes a fee ceiling of $500 for total costs, but that the Marion County Traffic Court has gone above that to impose additional fines on top of the traffic ticket costs.

He plans to ask the federal court to certify a question for the Indiana Supreme Court to review - specifically how state courts are allowed to assess fines and run their courtrooms under the state law and constitution.

"In this case, I'm not sure the federal court can tell state court judges how to run their courts," Ogden said, pointing out that three of the 11 counts deal with federal issues and the rest involve state law questions. "The Indiana Supreme Court really has jurisdiction in deciding how state courts are run and they should decide those issues."

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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