ILNews

Court to consider juvenile detention funding

Michael W. Hoskins
January 1, 2008
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The Indiana Court of Appeals is considering a case this week that has statewide implications on who must pay to operate juvenile detention facilities - the state or individual counties.

Arguments are set April 17 in Marion County and St. Joseph County v. State of Indiana, 73A01-0705-CV-238, a suit the counties brought after Indiana tried to recover about $75 million it spent in operating juvenile detention facilities in those two areas. The court will decide whether the trial court erred in entering a decision favoring the state on grounds that state statute allowed it to recover those expenses, as well as holding that the counties lacked standing to bring the action and the action was barred by statute of limitations.

The three-judge panel assigned to hear the case is Chief Judge John Baker, and Judges Carr Darden and Melissa May. This argument, scheduled for 2 p.m. Central Time, will be at the University of Southern Indiana in Evansville, in Carter Hall, 233 University Center. This is the court's seventh visit to that location.

This appeal comes following action from the General Assembly that adopted a law set to start July 1 that shifts funding of juvenile incarceration from the county to state level. Details of that reform were outlined in the sweeping property tax legislation that Gov. Mitch Daniels signed into law in March.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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