ILNews

Commission discusses technology, hardship license

Michael W. Hoskins
January 1, 2007
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The Commission on Courts - the legislative interim study committee that considers issues instrumental in court operations - gathered Tuesday to hear about technological initiatives under way in the state courts and expanding the jurisdiction of courts issuing driver's licenses because of hardship.

Mary DePrez, director and counsel of trial court technology for the Supreme Court's Judicial Technology and Automation Committee, told the commission about new initiatives launched recently on a protective order registry and e-traffic citations, all of which will eventually tie into a statewide case management system being implemented in coming years. Monroe County courts and Washington Township's Small Claims Court in Marion County are the first participants and should be up and running by March 17, 2008. Five more counties will be selected to move forward at that time, Justice Frank Sullivan told commission members.

Still under discussion and consideration is how public access to the case management system will be handled, Justice Sullivan said. Attorneys will have access, but the JTAC committee will likely develop policy and make suggestions to the Indiana Supreme Court for consideration about how that public access will be implemented.

Commission members also heard a presentation about hardship licenses, which Dearborn Superior Judge G. Michael Witte said is a topic of discussion for judges across the state. Currently, only Circuit courts can hear these cases in the jurisdiction where the person lives, rather than the court where the license was suspended. Judge Witte proposes that Superior courts be allowed to handle these and that they be kept in the same courts considering the person's other driving-related issues.

Chief Justice Randall T. Shepard described this as a "very good idea" and said it would help organize these matters for efficiency. He proposed drafting language that would make it clear only Circuit and Superior courts have jurisdiction, not city or town courts.

No vote was taken, but lawmakers said they plan to do so at a coming meeting. The commission plans to meet next Oct. 1 to hear proposals about new courts and judicial officers. They also plan to discuss Indiana Trial Rule 60.5 that deals with mandate of funds, and the issue of allowing magistrates of the Vanderburgh Superior Court to enter final orders or judgments in small claims or protective-order cases.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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