ILNews

CJ: Most players in appeals acting responsibly

Back to TopE-mailPrintBookmark and Share
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.”

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT