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Bills on courts, forfeiture before governor

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Several Indiana counties will have their Circuit and Superior courts unified and certain judges will no longer have to be less than 70 years old when they take office, thanks to legislation passed during the 2011 session of the General Assembly.

House Enrolled Act 1266 originally intended to create a unified Clark Circuit court, but it became a more expansive bill dealing with court issues as the session progressed. The legislation that passed establishes unified Circuit courts in Clark County – beginning Jan. 1, 2012 – and in Madison and Henry counties, effective July 1, 2011.

HEA 1266 also dictates that Lake Superior County judges are chosen by a nominating commission instead of through elections. The judges appointed by the governor will be up for retention every six years.

buck-jim-mug Buck

The bill ends the age restriction on those who run for Superior and County judicial office. This language is also in Senate Enrolled Act 463, authored by Sen. Jim Buck, R-Kokomo. He said the same language was added into HEA 1266 to try to ensure its survival after the House Democrats walk-out in February.

Buck said no particular judge was the catalyst for the bill, but he heard from several staff members of Superior judges who were concerned about the age limit. He noted that people are living longer these days and the statutes need to reflect this.

“It’s a shame to waste the wisdom and experience these older judges have just because of an arbitrary and out-of-date age limit,” Buck wrote in an email to Indiana Lawyer. “Our Indiana Constitution does not place age restrictions on circuit court judges, so it’s unfair to subject superior court judges to them.”

House Enrolled Act 1153 expands who may participate in problem-solving court programs, when and how to end someone’s participation, and also makes parents and guardians financially responsible for certain fees and expenses assessed against the juvenile involved in problem-solving court programs. HEA 1153 also includes details on the Criminal Law and Sentencing Policy Study Committee.

The budget bill passed by legislators in the waning days of the session included a change to the automated record-keeping fee. Senate Bill 301 originally called for increasing the fee which would help pay for the Judicial Technology and Automation Committee’s implementation of a statewide case-management system and other applications, but that bill did not gain legislative approval. The language that was inserted into the budget bill calls for the current $7 fee to be reduced to $5 after June 30, 2011.

Mary DePrez, director and counsel of trial court technology for JTAC, sees the end result as a positive for the Indiana Supreme Court-supported effort. The fee was scheduled to drop to $4 July 1, so now JTAC will receive an extra dollar with no end date specified. Clerks in counties that don’t use Odyssey will be able to retain $1 of the automated record-keeping fee.

Since SB 301 didn’t pass with the larger fee increases, DePrez said JTAC won’t be able to implement Odyssey as quickly as hoped, but the committee is looking for federal dollars that could speed up the process of getting the system into more courts.

“The court recognizes that these are difficult and challenging financial times for all Hoosiers, and the Legislature is tasked with making critical and difficult decisions, so we are grateful they recognized the importance of what we are doing for the courts, clerks, law enforcement, and probation departments, and I believe that the increase in the fee to $5 is in recognition of that,” she said.

This legislative session also brought changes to how funds from civil forfeiture cases stemming from criminal acts are disbursed to the school common fund, law enforcement, and prosecutors. The law currently allows for police and prosecutors to seize the proceeds of the crime from the offender and file a forfeiture action to use those proceeds to fund law enforcement and prosecutorial efforts, but there were no guidelines or uniformity in distribution around the state.

dePrez-mary-mug DePrez

Indiana Attorney General Greg Zoeller encouraged legislators to establish a formula on how those funds should be distributed. In August 2010, a lawsuit was filed claiming prosecutors have violated the statute that directs money from civil forfeitures to the Indiana Common School Fund. That suit was dismissed in April.

SEA 215 requires money generated in the forfeiture cases to be divided among prosecuting attorneys, law enforcement, and schools. One-third of the proceeds would go to prosecutors; of the remaining dollars, 15 percent would go to the common school fund, and 85 percent would go to an account for law enforcement agencies involved in the seizure for necessary expenses.

On the day it was enacted by the General Assembly, author Sen. Richard Bray, R-Martinsville, said, “This legislation recognizes there are legal costs as well as police agency expenses in prosecuting a forfeiture case and obtaining the funds generated. A top priority in setting the calculation was to cover these expenses, while keeping in mind ways we can help our schools with the money as well.”

The legislation requires the court handling a forfeiture case to notify the Indiana Criminal Justice Institute of the amount and manner of the forfeiture distribution.

The governor has received SEA 215, SEA 463, HEA 1153, and HEA 1266, but had not signed them as of Indiana Lawyer deadline. He has until May 11 to sign HEA 1266, May 12 to sign SEA 463, and May 13 to sign SEA 215 and HEA 1153.

The governor has already signed several other bills including: HEA 1215, which allows for a protected person to attend a hearing through the use of closed-circuit television; and SEA 495, which prohibits a school corporation from using money received from the state to bring or join an action against the state. The law does allow for using state money if the school is challenging an adverse decision by a state agency, board, or commission.

Zoeller supported this legislation, believing non-state dollars should be used to fund these lawsuits. The AG is currently defending the school funding formula in a suit filed by three school corporations – Hamilton Southeastern Schools in Hamilton County, Franklin Township Community Schools in Marion County, and Middleburry Community Schools in Elkhart County. The case is currently before the Indiana Supreme Court pursuant to Indiana Rules of Appellate Procedure 56(A).•
 

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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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