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COA split on whether judge can order community service in lieu of fines

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Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.

Amanda Vaughn agreed to plead guilty to Class A misdemeanor criminal trespass, and her plea gave Marion Superior Judge Kimberly Brown discretion as to fines and costs. The court found Vaughn to be indigent and ordered community service in lieu of fines and costs. She later sought the fine instead, which the judge imposed as $165 in costs and $10 in fines. But after Vaughn filed a motion to reconsider, the trial court vacated the order Vaughn pay and again ordered 40 hours of community service, but she would not be jailed for failing to perform the service.

Vaughn argued that the trial court didn’t have the authority under the plea agreement to impose community service. The Court of Appeals decided it had to determine whether ordering community service in lieu of fines and costs is statutorily authorized.

In Amanda Vaughn v. State of Indiana, 49A02-1207-CR-544, judges Michael Barnes and Patricia Riley found there to be a lack of statutory authority, finding the statutes the state cited in support of the judge to be irrelevant in this case. In remanding the case they reminded the trial court that the Indiana Supreme Court has held “when fines or costs are imposed upon an indigent defendant, such a person may not be imprisoned for failure to pay the fines or costs.”

Judge John Baker disagreed, believing the trial court may exercise its discretion by suspending fines and costs and that ordering Vaughn to perform community services instead was reasonable. He also disagreed with his colleagues that the statutes cited by the state don’t support the ability to impose community service instead of fines and costs.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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