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Court deputy alleges discrimination

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A Marion County deputy sheriff is suing her employer, claiming the sheriff's department discriminated against her when it selected male deputies for open positions within the court system.

Rita Smith filed suit Wednesday in the U.S. District Court, Southern District of Indiana, Indianapolis Division. In her suit, Smith v. Marion County Sheriff's Department, No. 1:09-CV-1058, she claims the Marion County Sheriff's Department violated the Family Medical Leave Act, discriminated against her because of her sex, and retaliated in violation of Title VII when she complained about discriminatory practices.

Smith joined the department in October 2005 and was transferred to the position of "court line" deputy in Marion County courts in August 2006. After one day of working in Marion Superior Court 9 in 2007, she was replaced by a male deputy. Smith alleges the MCSD falsified information stating the judge asked she be removed from the court.

Smith also alleges that she was constantly passed over for open deputy positions within the court system and those jobs were given to other male candidates with less seniority. She was also removed from a court line deputy position in Court 17 in March 2007 after conflict with her male partner. She believes he should have been removed because he instigated the conflict and she had seniority.

She also had been told deputies wouldn't be allowed to move with their judges if the judge is relocated to another court, although several male deputies who wished to move with their assigned judges were allowed.

Smith claims the MCSD harassed her about not showing up for roll call even though she was on approved Family and Medical Leave Act leave and that the department retaliated against her for vocalizing her objections to sexist, discriminatory practices.

Smith wants the court to enjoin MCSD from engaging in further acts of discrimination and retaliation, and to promote her immediately to a position in a major felony court. She also wants payment of any lost wages and money suffered as a result of the department's alleged unlawful actions, punitive damages, payment of her attorneys' fees, and any other relief to which she may be entitled.

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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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