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Dickson's State of Judiciary highlights interplay of judiciary, Legislature

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Indiana Chief Justice Brent Dickson’s first State of the Judiciary address after 27 years on the bench produced a few collegial chuckles as he offered examples of checks and balances and noted lawmakers had rewritten laws in response to at least three Supreme Court opinions in the last year.

“You determine public policy and make the laws, and we follow and apply them, whether we like them or not,” Dickson told a joint session of the Indiana General Assembly on Jan. 23. “And if you disagree with the way we interpret a statute you’ve written, you amend it as you wish. That’s the Indiana way.”
 

dickson-brent-speechbp-15col.jpg Indiana Chief Justice Brent Dickson, right, delivers his State of the Judiciary address to the Indiana Legislature on Jan. 23 as Gov. Mike Pence looks on. (IL Photo/ Perry Reichanadter)

Dickson later made a plea for greater funding to expand the Odyssey case management system, asking the help of lawmakers who in 2011 rejected a request to increase a $7 case filing fee to $10. The Legislature responded by reducing the fee to less than $5.

Procuring money to expand Odyssey is “one of our most urgent priorities,” Dickson said. “The court intends to do everything we can to bring our Odyssey system as soon as possible to every county that wants it. But this requires more resources. The court really needs help from the General Assembly this session to upgrade the necessary filing fee revenue stream.”
 

long-david-mug Long

Senate President Pro Tem David Long, R-Fort Wayne, paid tribute to Dickson as “an outstanding jurist” in a news conference a day later, but he was doubtful about more money for Odyssey.

“The issue is the cost of it has grown astronomically from what we were originally told,” Long said. Mounting case-filing fees for a variety of purposes “are making it very difficult for us to justify more fees when it’s crushing certain people,” especially those of modest means, he said.

Raising court filing fees is “a little harder sell in the Senate than it used to be,” Long said.


massa Massa

Nevertheless, Justice Mark Massa said he will press for adoption of House Bill 1393, which would raise the automated record-keeping fee from $5 to $10 in most cases. “There are a lot of competing interests for finite state resources,” he said. “Sen. Long and the legislative leadership have got challenges every year in deciding how to allocate those finite resources.

“This project continues to be important to the judiciary,” as a whole, Massa said. Without an increase in Odyssey funding, he added, “our deployment efforts would grind to a halt pretty quickly.”

Massa said the fee increase would generate about an extra $4 million annually for Odyssey expansion. “It would certainly allow us to deploy it in all 23 counties that are on the waiting list right now,” he said. The system is in use in 146 courts in 45 counties, according to Mary DePrez, director and counsel for trial court technology for the Judicial Technology and Automation Committee at the Division of State Court Administration. About 40 percent of Indiana’s caseload is managed by Odyssey.


sullivan-frank-no-robe Sullivan

Massa is the court’s liaison to JTAC, succeeding retired Justice Frank Sullivan, who said he was pleased that Dickson made the case for expanding Odyssey and devoted a fair amount of his address to talking about how it can share information with numerous agencies from local police and state agencies.

“I’m a strong believer in the importance of equipping all Indiana courts with 21st century case management systems and then connecting them to each other,” Sullivan said. “I thought Chief Justice Dickson made the case for that very well. … how many counties are standing in line waiting for Odyssey, and the commitment of the Supreme Court to provide Odyssey to every court that wants it; there was no sense of a kind of top-down mandate.”

Sullivan, who departed the bench this past summer and is a professor at the Indiana University Robert H. McKinney School of Law in Indianapolis, said the tone of Dickson’s speech was “exactly right.”

“He’s been just a superb member of the Supreme Court for some time. It was nice to see him have this moment in the sunshine,” Sullivan said. He noted a difference in speeches he heard from Shepard over the years compared with Dickson’s address.

Shepard “would spend a whole lot of time on generally three or four topics. Chief Justice Dickson chose to paint a somewhat broader picture of the landscape of what the Indiana judiciary is doing,” Sullivan said.

“A point he made very effectively is there is both an adjudicative and a non-adjudicative role the judiciary plays,” he said. “And the Legislature has a role in that to provide the resources to do that.”

Dickson noted in his address the “massive change” for the court recently, in which he succeeded retired Chief Justice Randall Shepard, and the appointments of justices Steven David, Massa and Loretta Rush in the past several years.“We intend that the ‘new’ court will be a continuance, and even an enhancement, of the things admired in the ‘old’ one,” Dickson said.

But he also acknowledged the massive changes in the judiciary in the time he’s served as a justice. “When I was appointed to the Indiana Supreme Court in 1986, it was a very different place than it is now,” he said, noting criminal cases comprised 93 percent of the caseload, and the court heard very few civil appeals.

“The access of everyday Hoosiers to their Supreme Court for such a wide assortment of cases would have been impossible 25 years ago,” he said.

He also looked ahead at some of the key initiatives being undertaken in courts around the state. Juvenile justice reform is a priority for the court, particularly the Juvenile Detention Alternatives Initiative that has rolled out in eight counties and serves 34 percent of the state’s at-risk youth.

“This is a proven model that really works to improve community safety, to get more kids on the right track, to reduce school dropout rates, to reduce juvenile detention and to lower incarceration rates,” Dickson said.

Dickson also made a plea for attorneys to serve Hoosiers of limited means. “We want to encourage and empower Indiana lawyers to more fully realize the vision of their oaths and the Code of Professional Responsibility which requires that they serve ‘the cause of the defenseless, the oppressed, or those who cannot afford adequate legal assistance.’”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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