ILNews

Court's community-service policy is unenforceable

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The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.

Tippecanoe Superior Court 4 has a practice of requiring community service – typically 16 hours – before the court will grant a waiver of the filing fee or have a hearing on the merits. Darlene Baca, who is disabled and indigent, wanted to sue for the return of her security deposit from her former landlord. Since she couldn’t afford the filing fee, court personnel told her she could perform the standard 16 hours of community service. She contacted Indiana Legal Services, who argued on her behalf that Baca couldn’t perform community service.

Judge Pro Tempore Gregg S. Theobald suggested she try Meals on Wheels and advised Baca’s attorney that the attorney would be responsible for helping her find four hours of community service to perform. The court did allow her claim to be filed but held in abeyance the setting of a hearing date pending Baca’s performance of community service.

On interlocutory appeal, the appellate court reversed the lower court’s order in Darlene Baca v. RPM, Inc., c/o Patty Brown, No. 79A02-1006-SC-655. The Tippecanoe Superior Court’s practice is essentially a standing order because it hadn’t been adopted as a local rule as set forth in Indiana Trial Rule 81(B). Subsection (A) of that rule includes a specific prohibition against standing orders to regulate local court or administrative district practice. As such, the practice is unenforceable, the judges ruled.

Judge L. Mark Bailey wrote in a footnote that the Court of Appeals didn’t undertake to render an advisory opinion as to whether a substantively similar rule, if duly promulgated, would contravene the Open Courts Clause of the Indiana Constitution or Indiana Code Section 33-37-3-2.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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