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Vanderburgh County requests new court magistrate

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Seated alone at the table in front of the Indiana General Assembly’s Commission on Courts, Vanderburgh Circuit Judge David Kiely recently asked for a new magistrate in his court.

Unusual this year is that Vanderburgh County is the only county to come before the commission making such a request. Equally unusual will be if Vanderburgh County has to ask only once.

The Legislative Council assigned the Commission on Courts the sole duty of reviewing the county’s appeal for a new judicial officer. In previous years, counties have had to come before the panel for several years in a row before a bill adding a judge or magistrate passed through the Legislature.

kiely Kiely

Getting the commission’s recommendation, while not required, is viewed as giving the county’s request more weight in the Statehouse. However, even with the commission’s approval, whether a bill passes depends on the condition of the state budget.

Commission chair Sen. Brent Steele, R-Bedford, acknowledged counties can get tired of repeatedly having to ask for more judges and magistrates only to then be denied by the Legislature.

“It’s frustrating to that county that’s asked for it, but to us as legislators, our primary job is to pass a balanced budget,” Steele said. “… If we can’t afford it, we can’t afford it. It’s easy to say no when you’re broke.”

Kiely is confident the commission and the Legislature will give their thumbs up to adding a magistrate.

He pointed out that although the caseload has grown substantially, Vanderburgh Circuit Court has been operating for several decades with one judge and one magistrate. Currently the court’s two judicial officers are handling the work of four.

“I’m optimistic that the commission will recommend the request for the new judicial officer for the Circuit Court,” Kiely said. “I’m very optimistic that our local representatives will push the bill and pass it.”

‘Numbers aren’t going down’

On average, Vanderburgh Circuit Court handles 1,600 major felony cases each year on top of 750 major civil cases. Trials start at 8 a.m. Mondays, Wednesdays and Fridays while other matters are handled in court daily at 9 a.m. and 1 p.m.

Two-thirds of all felony cases in Vanderburgh County appear in the Circuit Court.

“I truly enjoy the court and the workload,” Kiely said, “but the numbers aren’t going down.”

The Evansville Bar Association board of directors was surprised at Vanderburgh County’s caseload, said Scott Wylie, association president.

Local attorneys have complained about the “fairly significant delay” in getting a hearing and a trial. The understaffing and rising demand are apparent every day, but the board was still shocked by the state data.

According to the Division of State Court Administration, Vanderburgh County was the 4th highest in Indiana in terms of severity of need for more judicial officers. The 2012 Weighted Caseload Measures shows the 14 judges and magistrates in Vanderburgh Superior and Circuit courts doing the work of just over 22.

Vanderburgh County is expected to move into 3rd place soon because that slot’s current holder, Johnson County, got its request granted for a new judge through the General Assembly.

In the Circuit Court, Kiely and Magistrate Judge Kelli Fink each handle a weighted caseload of 1.93 which equates to enough work for 3.87 judicial officers, state statistics show.

Seeing the hard numbers and knowing the demand firsthand prompted the bar association board to write a letter of support for the new magistrate.

The delays in getting into court can create more difficulties or compound the current problems for the litigants, Wylie said. For example, landlords can go months without rent, and litigants can get pushed into personal bankruptcy while waiting to get before a judge.

Such a situation, Wylie said, is especially frustrating for attorneys who want to help their clients but can do nothing about the wait.

Kiely maintained the Circuit Court does not want people to have to wait and is working to prevent that from happening. He said the backlog has not resulted in individuals being denied due process.

“I truly believe we are one of the most efficient courts in the state,” he said. “We’ve just reached a point where we need another judicial officer.”

Budget constraints

wylie Wylie

When Hendricks Superior Judge Robert Freese testified before the commission in 2012, he told the legislators his county had made the request for additional magistrates for the past two or three years.

Freese was not alone. Prior reports highlight counties appearing year after year, especially during the economic recession, requesting new judges and magistrates.

The commission typically approves the requests, although Steele and Rep. Kathy Richardson, R-Noblesville, maintain the panel is not a rubber stamp. Along with articulating the need for another judicial officer, the commission wants to know if the county council and the local bar association support the request, and if the county is committed to building any additional space that is needed for the new judge or magistrate.

Since the Division of State Court Administration has been providing the weighted case-load measures, the commission has a better understanding what is happening across the state, Richardson said. The reports allow the commission to compare the caseloads between counties.

Fiscal concerns and tight state budgets in recent years are mostly blamed for the courts not getting their requests fulfilled. With a little breathing room opening in the state’s finances, Steele was able to get his measure, Senate Enrolled Act 486, approved during the 2013 session. This bill provided Hamilton, Hendricks and Owen counties with new judicial officers.

“Oftentimes, a court may appear before this committee on two or three occasions and it’s almost like a rite of passage. You’ve been here three times now it’s time to do it,” Steele said. “But it always comes down to budget, if they have enough money for it or not.”

The state picks up the tab for the salaries and benefits of the judges and magistrates. According to the fiscal analysis of Steele’s bill by the Legislative Services Agency, the salary for magistrates in fiscal year 2013 was $104,064 while for judges it was $130,080.

Freese did not criticize the process that counties have to go through to get new judicial officers.

“I’ve been involved in the legislative process a long, long time,” he said. “You kind of know how they work. You just know eventually things move in the right manner and maybe that is the way things need to be.”

County budget considerations influenced Kiely to request a magistrate.

Adding a judge would require the county to pay for an additional court reporter, bailiff and riding bailiff which could boost the expenditures by $250,000 to $300,000 annually. Conversely, for a magistrate, the county would only have to provide a yearly salary supplement of $4,000.

At the commission’s July meeting, Kiely said he has the support of the bar association and noted space is available in the courts building for the new magistrate. He still has to appear before the Vanderburgh County Council to get its approval, but Kiely said the council liaison has told him council members would also support the request.

The Commission on Courts has yet to vote on Kiely’s request. Steele delayed the vote because not all the commission members were present at the meeting.•
 

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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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