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Committees discuss various bills in second week

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The Indiana General Assembly made some of its first votes this week, while four legislative committees discussed an array of issues that may be of interest to the state's legal community.

The House of Representatives unanimously passed House Bill 1044 on county clerk liability, which mirrors Senate Bill 29 that also passed unanimously in the Senate this week. Both will now move to the other house for consideration. The House also passed HB 1109 regarding satellite voting locations, an issue that went as high as the Indiana Supreme Court in the past two years. Representatives also passed by a 97-2 vote the comprehensive HB 1001 on lobbying and campaign contributions, while the Senate considered its own SB 114 on government ethics reform that the Rules and Legislative Procedure Committee had approved unanimously Jan. 11. All bills can be viewed completely at http://www.in.gov/apps/lsa/session/billwatch/billinfo.

The Senate Committee on Courts Criminal and Civil Matters met Tuesday and passed several bills on to the full Senate for consideration.

- SB 25 would legally allow a person to keep firearms locked in his vehicle on the property of a person, company, or governmental agency; passed 8-3.

- SB 27 deals with habitual offender filing deadlines; passed 8-2. - SB 71, which passed 9-0, targets the unlawful termination of a pregnancy in cases in which someone operates a vehicle while intoxicated and causes the fetus' death. - SB 147 passed 7-0 and provides that a law enforcement official who engages in sexual conduct with a child between 16 and 18 commits Class D felony child seduction. It also increases the penalty for false reporting.


- SB 178, dealing with custody and parenting time, was approved 5-4.

Senate Bill 148, dealing with corrections and developmental disability tracking, was withdrawn because of its potential financial impact of between $35,000 and $850,000 in new costs for prison inmate testing. Sen. Connie Lawson, R-Danville, plans to pursue an aspect that an entity be approved and accredited to provide certain services. The House Judiciary committee met Tuesday morning and considered key legislation:

- HB 1193, which passed 10-0, would create a 20-person work group to study and make recommendations to the Department of Education about school policing and racial disparity issues, as well as providing education and training to law enforcement on these topics.

- HB 1154 passed 11-0 and would convert all 24 Marion County commissioners to magistrates, with the county using an already-established county traffic infractions fee to pay for the conversion so that the state wouldn't have to pay the estimated $2.3 million cost. This would also allow the county to save money currently paid at the county level and possibly use it to pay for court-ordered guardian ad litem appointments. Representatives rejected the idea of attaching an amendment to allow Bartholomew Superior Court to establish its own fee to pay for converting its current Title IV-D commissioner to an elected judge position, in order to run a needed family court.


House Bill 1167, which would repeal a 2009 special session provision requiring the Department of Child Services to approve all out-of-state placements for juveniles, was not considered. The committee postponed until everyone who wants to testify about the legislation could attend the meeting.

The Senate Judiciary met for the second time on Wednesday and considered a bill that had previously come before it about child support as well as others involving noncode statutes, guardianships, trusts, and grandparent visitation. Sen. Richard Bray, R-Martinsville, said members will likely only have one more meeting on its own bills before they switch focus to consider House-approved bills, and so the other 46 Senate bills currently assigned to it probably won't all get the committee's attention.

- SB 163, targeting child support collections and requiring the gaming industry to intercept certain larger winnings on people who owe child support payments, passed 9-1. - SB 59 on grandparent visitation passed 9-0 with two amendments

- SB 65 on a guardian's powers in estate planning passed 10-1.

-  SB 67, which deals with trust matters that include protecting interests and funds held by beneficiaries, passed 9-1.

-  SB 134, a bill referred from the interim Code Revision Commission and corrects and codifies certain noncode statutes, passed 10-0. On Wednesday, the House Courts and Criminal Code considered three bills:

- HB 1118 on nuisance actions by community organizations passed by a 9-3 vote. Representatives voted 12-0 to pass HB 1186, allowing interlocal agreements between city and town courts. Members held off on voting until next week on HB 1163, which would require records and criminal histories be expunged for anyone who's been released by a court after being exonerated by DNA evidence.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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