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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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