ILNews

Child Support Court being reopened in Gary

Marilyn Odendahl
December 4, 2013
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Although an appeal is pending in the Indiana Court of Appeals, the child support court that had been consolidated to Crown Point in early 2013 is moving back to Gary.

The IV-D Child Support Court in Gary was relocated by former Lake County Juvenile Judge Mary Beth Bonaventura. Following Bonaventura’s decision, a complaint against the move was filed in Lake Circuit Court by several interested parties including Gary Mayor Karen Freeman-Wilson.

Judge Thomas Stefaniak Jr. said the consolidation created an access to justice problem. Residents of Gary, East Chicago and Hammond who do not own a car would have a difficult time finding transportation to Crown Point.

“I have the highest respect for Judge Bonaventura,” Stefaniak said. “I can see why she did that. I don’t criticize her reasons. I just hold a different opinion.”

Also, he said, a courtroom for the child support court has been refurbished in the Robert D. Rucker Building and a parking lot is being added nearby which should alleviate some of the previous physical constraints and logistical problems with the Gary location.

Lake Circuit Court Judge George Paras had issued a temporary restraining order stopping the relocation. An appeal was then filed with the Court of Appeals.

Stefaniak and Freeman-Wilson made a joint announcement Dec. 4 that an agreement had been reached that should bring a settlement to the litigation surrounding the move of the IV-D Child Support Court. They attributed the agreement to a “collaborative effort” involving Lake County Commissioner Roosevelt Allen, Lake County Clerk Michael Brown, Lake County Prosecutor Bernard Carter, and Lake County Council members Elsie Franklin and Jerome Prince.

Freeman-Wilson discussed the case in September when she spoke in Indianapolis at the Marion County Bar Association’s Kuykendall-Conn Dinner. She said she had met with Bonaventura, now director of the Indiana Department of Child Services, and when they could not reach an understanding, the mayor decided to join the lawsuit.

If the litigation gets remanded to the trial court, Stefaniak believes a motion to dismiss will be granted. Even though the lawsuit has not been formally settled, the judge said he met with county leaders, talked to his staff and decided that moving the court back to Gary now was the right thing to do.

Stefaniak will assume full-time responsibilities at the Lake County Juvenile Court on Dec. 20. He anticipated the IV-D Child Support Court would reopen in Gary at the start of February 2014.

 



 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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