ILNews

Court: Conference constitutes 'congestion'

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT