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Commission on Courts ponders money issues

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Money matters took up the most time for an interim legislative committee this morning, as members considered issues delving into the balance between fiscal responsibility and judicial efficiency.

During a three-hour hearing that will likely be its final one of the year, the Commission on Courts considered several topics that included the implementation of a statewide case management system, requests for new judicial officers, and whether the Department of Child Services should have been given more authority by a special session budget provision over juvenile out-of-state placements.

Sen. Richard Bray, R-Martinsville, served as acting chair in the absence of Rep. Linda Lawson, D-Hammond. After a morning of testimony and discussion, members decided to recommend the following: that the Automated Record Keeping Fee be increased by $3, as recommended by the commission last year but not adopted by the General Assembly; that legislation be authored to repeal a 2009 special session budget provision giving the DCS more control in deciding whether juveniles should be placed outside of Indiana; that judicial officers be converted in Allen and Marion county courts; and that a new family court be established in Bartholomew County.

Taking up an issue it had approved in 2008, the commission heard testimony from Justice Frank Sullivan about increasing the Automated Record Keeping Fee from $7 to $10, in order to pay for the Supreme Court's Judicial Technology and Automation Committee (JTAC) effort to implement a statewide case management system called Odyssey. The implementation, which was rolled out in trial courts beginning in late 2007, has been put in place in 13 counties and has drawn concerns from some lawmakers and officials at the local level. Commission members approved an identical hike last year, but despite legislative approval it didn't get passed into law and changes in a special session budget resulted in an estimated $700,000 decrease in funding for the project. Members voted 9-1 in favor of the recommendation, with Johnson County Clerk Jill Jackson opposing it.

The commission voted 9-0 in favor of converting an Allen Circuit hearing officer to a magistrate role, which would shift some of the federally paid salary to the state level. Allen Circuit Judge Tom Felts abstained from the vote, and the voting members stipulated that the approval be subject to available funding. Judges from the Marion Superior Court requested that all of its commissioners be converted to magistrates, and that the switch be paid for using a $35 fee already charged in traffic citation cases and paid to the state. Commission members voted unanimously in favor of it. The commission voted unanimously in favor of Bartholomew Circuit Judge Stephen Heimann's request for an additional Superior Court judge for a new family court, which would take on the duties of a current commissioner hearing Title IV D cases and partially paid for by the federal government.

Taking up an issue it had discussed during its first October meeting, the commission voted for lawmakers to repeal a provision enacted during its special session budget, H.E.A. 1001, which gave the DCS additional say instead of juvenile judges about out-of-state placements. Eight members voted in favor of the repeal, Rep. Kathy Richardson, R-Noblesville, voted against it, and Michael Kruk abstained.

Commission members voted unanimously on an issue raised by Chief Justice Randall T. Shepard, who requested that Indiana's magistrates be able to serve as senior judges. That isn't currently done, but the chief justice and the Indiana Judges Association are proposing it as a way to help keep up with growing trial court caseloads, specifically because the number of filings hit 2 million for the first time ever last year.

The commission also decided to recommend legislation establishing a generic problem-solving court structure for the state, which would involve various types of courts and give oversight to the Indiana Judicial Conference in setting standards and operational procedures. Commission members also took written testimony but didn't vote on the issue of statute of limitation for asbestos-related litigation. Commission chair Larson has the final decision on whether another hearing will be held Oct. 27, according to Bray, and that decision hasn't yet been made.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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