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CJ: Most players in appeals acting responsibly

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Juvenile Justice

The Indiana Supreme Court denied transfer to a case in which a juvenile delinquent was placed in an Arizona facility over the objections of the Department of Child Services. The order also included a strongly worded explanation from the court’s chief justice that he would “smack down” judicial overreaching or overspending.

The DCS filed a petition to transfer jurisdiction pursuant to Indiana Appellate Rule 14.1, which allows for expedited appeal of certain juvenile matters. On Aug. 10, the Indiana Court of Appeals upheld the placement of D.S. in an out-of-state facility despite objections from DCS. The appellate court ruled the Madison Superior Court complied with statutes that allow it to place a juvenile in a non-Indiana facility.

A recent change in one of those statutes now shifts the burden of paying for those facilities from DCS to counties.

The justices unanimously denied transfer, with Chief Justice Randall T. Shepard expounding on the denial of the second case to reach them under the new “rocket docket.”

The first case dealt with how quickly a child should be moved from placement with a relative living in Indiana to placement with the mother in another part of the state. The courts found it to be best for the child to finish the school year with the relative, then move.

“It hardly seemed the stuff of runaway trial judge spending,” wrote the chief justice about the first case. He noted the trial judge in the case of D.S. has been appealed for choosing the least expensive placement.

The DCS wanted the judge to be ordered to place D.S. in an Indiana facility, which would cost at least 50 percent more per day than the Arizona facility. Everyone involved in the case, except DCS, believe the Arizona facility is the best one for the child, which is the point of government intervention, Chief Justice Shepard noted.

“I stand fully ready to smack down anything that even sniffs of judicial overreaching or overspending,” he continued. “But if the appeals we have seen so far represent the worse instances of attacks on the public fisc, it suggests to me that judges, prosecutors, probation departments, and guardians are acting very responsibly.”

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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