ILNews

Court: Evidence needed to enforce CID

Jennifer Nelson
January 1, 2008
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The Indiana Attorney General must provide at least a verified petition to a court to enforce a civil investigative demand and show the demand is proper, the Indiana Supreme Court ruled today.

In Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom Designs v. Steve Carter, Indiana Attorney General, and Liberty Publishing, Inc. d/b/a Booster Club Productions, No. 49S02-0801-CV-16, Nu-Sash appealed a trial court order that the company respond within 10 days to a civil investigative demand (CID) issued by Attorney General Steve Carter regarding consumer complaints. At the hearing on the petition, the attorney general did not present any evidence to show why the demand is proper under Indiana Code Sections 4-6-3-1 through 6. The Indiana Court of Appeals affirmed the trial court didn't abuse its discretion because the attorney general met the statutory requirements for issuing a CID.

When someone fails to respond to a CID issued by the attorney general for information relevant to an investigation, the attorney general can file an application for an order to enforce the CID. During the hearing, the attorney general has to demonstrate to the trial court that the demand to enforce the CID is proper.

In this case, the attorney general only presented an unsworn petition to show reason to enforce the CID. Even though the requirements of the other sections of the code were met, the attorney general has to establish only that there is an investigation and there are reasonable grounds that the person to whom the CID is directed has relevant information, Justice Theodore Boehm wrote. A demonstration can be a verified petition, affidavit, testimony, or other relevant evidence presented at a hearing.

"There is no allegation of abuse in this case, but history teaches that power can be and has been abused," he wrote. "Requiring the Attorney General to provide at least a verified petition to enforce affords all citizens some protection against 'fishing expeditions' or retaliatory or abusive CIDs that are unrelated to legitimate investigations, and imposes a mild deterrent to arbitrary use of government authority."
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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