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Court: Conference constitutes 'congestion'

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A Marion Superior judge didn't err by continuing a jury trial because a mandatory judicial conference resulted in too few judges and magistrates being available, the Indiana Supreme Court has reiterated in an order.

In the order issued Oct. 16, justices denied a woman's request for a writ of mandamus.

The case involved a woman's felony domestic battery charge and the subsequent speedy trial she requested. After her arrest in July and a bond hearing that month, she made the procedural request and the trial court - Marion Superior Criminal Division 16 - set her trial for Sept. 17. However, there were too few judicial officers available to handle Roxie Brown's trial because the court calendar didn't lighten as usual and a statutorily mandated Indiana Judicial Conference in Indianapolis Sept. 16-18.

Judge Kimberly Brown continued the proceeding because of court congestion until the "next earliest reasonable time" - Oct. 22; after hearings denying a change, Roxie Brown filed a writ request Oct. 5.

Roxie Brown argued that the trial court's scheduling of her hearing on one of the conference dates rendered the trial date "meaningless" and said she should be released through speedy trial Criminal Rule 4(b), which requires a trial within 70 days unless there's a reasonable continuance or another specific delay. But the Indiana Attorney General's Office disagreed, writing in its opposition brief that the notion was absurd and court officers could have been available if they'd been able to condense the calendar, as often happens in the months between the scheduling and the proceeding itself.

The issue isn't new. The Indiana Court of Appeals considered the issue more than a decade ago, when it decided Sholar v. State, 626 N.E.2d 547, 549 (Ind. 1993). That decision found no abuse in a trial court's discretion by delaying the trial because of a judicial conference judges and magistrates were required to attend.

If Roxie Brown continues to dispute the scheduling and continuance of her speedy trial process, the AG's Office suggested in its brief that she could raise the issue on appeal.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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