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COA permits Knightstown to abolish town court

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A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”

Bart Whitesitt filed a complaint after Knightstown passed an ordinance abolishing the town court. Knightstown had established the town court in the 1970s to adjudicate traffic infractions and misdemeanors.

Whitesitt was appointed town court judge on Jan. 31, 2011. That same month, the Henry County Prosecutor’s Office announced it would no longer refer misdemeanor offenses to the town court.

This move caused a shortfall in revenue and led Knightstown to dissolve the town court.

Appealing the summary judgment, Whitesitt argued Knightstown violated Indiana Code 33-35-1-1. The judge asserted that under the statute, a town court can only be closed every fourth year after 2006.

Knightstown counted that since its town court was established prior to Jan. 1, 1986, it was exempt from the requirements of the statute.  

In Bart Whitesitt v. Town of Knightstown, 33A04-1302-MI-00072, the Court of Appeals agreed with Knightstown and affirmed the trial court’s summary judgment in favor of the town.

“The General Assembly’s intent to treat courts established prior to January 1, 1986, differently from those established after that date is clear under the plain language of subsection (d) when it is considered within the entire context of the statute,” Judge Paul Mathias wrote for the court. “To reach any other conclusion would render subsection (d) meaningless. We presume our General Assembly does not enact useless statutes or statutory provisions and intends to avoid unjust or absurd results.”
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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